UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


STOREROOM 


STATE  OF  UTAH 


School  Laws 


gfSCARL.     . 

From  Compild&$am£e&W^         and 
Session  Laws  of  Utah,  1919  and  1^1 


PUBLISHED  BY  AUTHORITY 


Department  of  Public  Instruction 
GEORGE  THOMAS,  Superintendent 

SALT  LAKE  CITY 


»5  \m 


1 


STATE  OF  UTAH 


School  Laws 


From  Compiled  Laws  of  Utah,  1917,  and 
Session  Laws  of  Utah,  1919  and  1921 


PUBLISHED  BY  AUTHORITY 


Department  of  Public  Instruction 
GEORGE  THOMAS,  Superintendent 

SALT  LAKE  CITY 


s 


UTAH  SCHOOL   LAWS 

[From  Compiled  Laws  of  Utah,  1917,  and  Session  Laws  of 

Utah,  1919  and  1921.] 


TITLE  90. 
PUBLIC  SCHOOLS. 


CHAPTER  1. 

STATE  BOARD  OF  EDUCATION 

4505.  Membership.  Term.  Control  of  public  schools. 
Establishment  of  libraries  and  gymnasiums.  Secretary.  The 
state  board  of  education  shall  consist  of  the  state  superintend- 
ent of  public  instruction,  the  president  of  the  University  of 
Utah,  the  president  of  the  Agricultural  College  of  Utah,  and 
six  other  persons  appointed  by  the  governor  by  and  with  the 
consent  of  the  senate,  two  each  biennium  and  for  six  year 
terms;  except  that  the  first  appointments  under  this  chapter 
shall  be  classified,  by  the  governor  as  to  the  length  of  terms, 
so  as  to  provide  for  such  future  biennial  appointments.  Ap- 
pointments to  fill  vacancies  shall  be  for  the  unexpired  terms. 
In  making  such  appointments  the  governor  is  to  be  influenced 
only  by  consideration  of  merit  and  fitness,  and  the  appoint- 
ments shall  be  made  without  reference  to  residence,  occupation, 
party  affiliation,  religion,  or  sex.  The  governor  may  remove 
any  member  so  appointed  for  immorality,  malfeasance  in  office, 
incompetency,  or  continued  neglect  of  duties.  The  general 
control  and  supervision  of  the  public  school  system  is  vested 
in  the  state  board  of  education.  The  state  board  of  educa- 
tion shall  also  promote  the  establishment  of  libraries  and  <rym- 
nasiums  throughout  the  state,  and  shall  have  power  to  appoint 
a  secretary,  who  shall  work  under  the  direetion  of 
the  state  superintendent  of  public  instruction.  The  salary  of 
the  secretary  shall  be  fixed  by  the  state  board  of  education  and 
approved  by  the  state  board  of  examiners.  The  board  shall 
have  the  power  to  call  to  its  assistance  expert  help  to  promote 
libraries  and  gymnasiums  whenever  needed.  The  actual  and 
necessary  traveling  expenses  incurred  by  such  help  and  the 
salary  of  the  secretary,  shall  be  paid  from  the  contin- 
gent fund  of  the  state  board  of  education,  upon  the  presenta- 


4     SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

tion  of  properly  certified  and  approved  vouchers.       '11,  p.  94; 
'15,  p.  188.  !, 

State  board,  powers,  Con.  art.  10,  sec.  Direct     work    of    supervisors    agricul- 

8.  Jural     and     liome    economics    education, 

Public    school    system    includes     what,  §§   4541-45-44. 
Con.    art.    10.    Sec.    2.  Conduct    examinations   for  teachers   of 

General   provisions  on  education,   Con.  count  \    districts  of  first  class,   §  4620. 
Art.    10.  Duties    as    to    high    school    fund,     §§ 

To    insure   employees,    §  §    3110.    3111,  4575-4582. 
3119.  Duties    a«    to    differential    aid    to    dis- 

Direct    expenditure      district      library  tricts,    §  §  4567,  4568. 
fund.    §     1525; 

4506.  Issuance  of  certificates  and  diplomas.  The  State 
Board  of  Education  is  hereby  authorized  and  empowered  to 
issue  certificates  and  diplomas  of  high  school,  junior  high 
school,  grammar,  primary,  and  kindergarten  grade;  and  also 
to  issue  superintendents'  certificates  and  diplomas  and  super- 
visors' certificates  and  diplomas.  Such  certificates  and  diplo- 
mas shall  he  valid  in  any  school  district  of  the  State  in  the 
department  of  instruction  or  supervision  for  which  they  are 
issued.       Am'd  '03,  p.  156  ;  19,  p.  271. 

4507.  Diplomas — qualifications.  Diplomas  of  all  grades 
including  superintendents'  and  supervisors'  diplomas,  shall  be 
issued  onlj^  to  professional  teachers,  superintendents,  or  super- 
visors, who  have  reached  the  age  of  twenty-three  years,  have 
had  five  years  of  successful  teaching  or  supervising  experience 
in  this  State,  exhibit  satisfactory  evidence  of  good  moral  char- 
acter and  freedom  from  serious  infectious  or  hereditary  disease, 
and  are  found  to  possess  the  requisite  scholarship  and  culture. 
These  diplomas  are  Aralid  for  life  unless  revoked  for  cause  or 
unless  the  holders  allow  a  space  of  five  consecutive  years  to 
pass  without  following  the  pursuit  of  school  teaching  or  super- 
vising.       Am'd  '03,  p.  71:  '19,  p.  271. 

4508.  Rank  and  classification  of  certificates.  Certifi- 
cates shall  be  of  such  rank  and  classification  as  the  State 
Board  of  Education  shall  determine,  and  shall  be  valid  for  a 
period  of  not  to  exceed  five  years.  Certificates  may  be  issued 
to  applicants  who  have  not  had  the  teaching  or  supervising  ex- 
perience in  this  State  required  for  diplomas.      Am'd  '19,  p.  271. 

4509.  Determination  of  requisites — changes — issues  by 
University — credits — extra-State.  The  State  Board  of  Educa- 
tion shall  determine  the  scholarship  and  training  required  of 
applicants  for  diplomas;  and  the  scholarship,  training  and 
experience  required  of  applicants  for  certificates;  provided 
that: 

1.  Any  change  made  by  the  Slate  Board  of  Education  by 
which  the  scholarship,  training,  or  experience  required  for  any 
certificate  or  diploma  is  increased  shall  be  announced  when 
made,  and  shall  he  effective  not  less  than  one  year  from  the 
date  when  such  change  is  announced. 


SCHOOL  LAWS  QF  THE  STATE  OP  UTAH      5 

2.  Certificates  and  diplomas  issued  by  the  school  of  edu- 
cation of  the  University  of  Utah  when  indorsed  by  the  chair- 
man of  tin1  State  Board  of  Education  shall  have  the  force  of 
certificates  and  diplomas  of  corresponding  rank  issued  by  the 
State  Board  of  Education. 

3.  The  State  Board  of  Education  is  authorized  to  accept 
credits  and  certificates  and  diplomas  of  other  institutions  of 
learning  as  meeting  in  whole  or  in  pari  the  requirements  for 
teachers'  certificates  and  diplomas,  if  the  work  of  such  insti- 
tutions of  learning  is  found  upon  inspect  ion  to  conform  to 
standards  fixed  by  the  State  Board  of  Education. 

4.  The  State  Board  of  Education  is  authorized  to  issue 
certificates  and  diplomas  to  persons  holding  certificates  and 
diplomas  in  other  states,  providing  such  certificates  and  di- 
plomas are  found  to  be  of  equal  rank  with  those  issued  by  this 
State,  and  providing  further  that  applicants  for  diplomas  shall 
have  taught  successfully  at  least  five  years,  of  which  (at 
least  two  years  shall  have  been  in  Utah. 

5.  No  certificate  or  diploma  shall  be  in  force  if  the 
holder  alloAvs  five  consecutive  years  to  pass  without  following 
the  pursuit  of  school  teaching  or  supervising.  Am'd  '19, 
p.  272. 

4510.  Duties  of  State  Board  of  Education.  The  State 
Board  of  Education  is  authorized  to  determine  by  examina- 
tions or  otherwise  the  qualifications  of  applicants  for  certifi- 
cates and  diplomas;  to  prepare  examination  questions;  to  ap- 
point representatives  in  the  several  districts  of  the  State  to 
conduct  examinations;  and  to  prescribe  all  necessary  rules  and 
regulations  relative  to  the  examinations.  Am'd  '01,  p.  96; 
'19,  p.  272. 

4511.  Assistants — compensation.  The  State  Board  of  Edu- 
cation is  authorized  to  appoint  persons  of  eminent  educational 
ability  to  assist  in  the  preparation  of  examination  questions  and 
the  grading  of  examination  papers,  and  to  fix  the  compensation 
for  such  persons,  which  shall  be  paid  from  the  Slate  district 
school  fund  upon  vouchers  approved  by  the  State  Board  of 
Examiners.       Am'd  p.  272. 

4512.  Board  may  revoke  diplomas  for  cause.  The  State 
Board  of  Education  is  authorized  and  required  to  revoke,  for 
immoral  or  unprofessional  conduct  or  evident  unfitness  for 
teaching,  state  diplomas  and  state  certificates  issued  under  the 
provisions  of  this  chapter. 

4513.  Compensation  and  expenses  of  members  of  board. 
Clerical  assistance.  A  statement  of  actual  and  necessary  trav- 
eling expenses  of  the  members  of  said  board,  incurred  in  at- 
tending meetings  of  the  board,  must  be  certified  to  by  the  State 


794698 


6     SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

Superintendent  of  Public  Instruction  and  be  filed  with  the 
State  Board  of  Examiners,  who  are  empowered  to  allow  or  re- 
ject the  same,  in  whole  or  in  part,  in  the  same  manner  as  in  the 
case  of  claims  for  which  an  appropriation  has  been  made,  and 
the  state  auditor  shall  draw  his  warrant  on  the  state  treasurer 
in  favor  of  the  person  named  therein  for  the  amount  allowed. 
The  members  of  the  said  state  board  of  education  shall  receive 
$4  per  day  for  time  actually  and  necessarily  spent  in  the  per- 
formance of  their  duties;  provided,  that  no  member  of  the 
board  receiving  salary  from  the  state  or  any  subdivision  there- 
of, or  from  any  public  institution,  shall  receive  any  such  per 
diem.  The  board  may  engage  necessary  clerical  assistance,  the 
cost  of  which  shall  not  exceed  $250  annually,  and  shall  be  cer- 
tified to  as  provided  above  in  this  section. 

4514.  Chairman,  Secretary,  Directors,  etc.  The  state 
superintendent  of  public  instruction  shall  he  chairman  of  the 
state  board  of  education.  Upon  the  recommendation  of  the 
state  superintendent,  the  state  board  of  education  shall  have 
authority  to  appoint  a  secretary  of  the  Board,  and  such  di- 
rectors, supervisors,  and  assistants  as  are  necessary  in  the  ad- 
ministration and  supervision  of  the  public  school  system.  The 
salaries  of  the  secretary,  and  of  directors,  supervisors,  and  as- 
sistants shall  be  fixed  by  the  state  board  of  education,  subject 
to  the  approval  of  the  state  board  of  examiners,  and  paid  from 
such  funds  as  may  be  provided  by  law.        Anrd  '21,  Ch.  93. 

4515.  Concurrence  of  majority  necessary.  A  concurrence 
of  a  majority  of  all  the  members  shall  be  necessary  to  the 
validity  of  an  act  of  the  board. 

4516.  Meetings  of  board.  The  board  shall  meet  at  the 
call  of  the  chairman,  and  at  least  twice  each  year. 


CHAPTER  2. 

STATE   SUPERINTENDENT. 

4517.  Election  of  state  superintendent.  Qualifications, 
term,  oath,  and  bond.  Deputy.  There  shall  he  chosen  by  the 
qualified  electors  of  the  state  at  the  regular  state  election  in 
the  year  1000,  and  every  four  years  thereafter,  a  superinten- 
dent of  public  instruction,  hereinafter  called  the  state  super- 
intendent, who,  at  the  time  of  his  election,  shall  be  a  qualified 
elector,  shall  have  been  a  resident  citizen  of  the  state  of  Utah 
for  five  years  next  preceding  his  election,  shall  have  attained 
tin-  ape  of  thirty  years,  shall  be  the  holder  of  a  state  certifi- 
cate of  the  highest  grade  issued  in  some  state,  or  shall  be  a 
graduate  of  some  reputable  university,  college,  or  normal 
school.       He  shall  reside  and  hold  his  office  at  the  seat  of 


SCHOOL  LAWS  OF  THE  STATE  OP  UTAH      7 

government  for  the  term  of  four  years  from  the  first  Monday 
in  January  following  his  election,  and  until  his  successor  is 
elected  and  qualified.  Before  entering  upon  his  duties,  he  shall 
take  the  oath  of  office  and  give  a  bond  in  the  penal  sum  of 
$5,000,  with  not  less  than  two  sureties,  to  be  approved,  re- 
corded, and  filed  as  provided  by  law.  The  state  superintendent 
shall  have  power  to  appoint  a  deputy,  who  may  represent  him 
at  teachers'  institutes  when  other  business  prevents  Ins  being 
in  attendance.  The  actual  and  accessary  traveling  expenses  of 
such  deputy  shall  be  paid  out  of  the  school  fund  upon  proper 
vouchers  for  the  same  being  filed  with  the  state  board  of  ex- 
aminers.    Am'd  '01,  p.  46;  '07,  p.  39. 

Election,    qualifications,    term,    duties,        board.  Con.  art.  10,  sec.  8. 
compensation,  Con.  art.  7.  May    appoint    a    deputy,    powers,    etc., 

Superintendent  a  member  of  the  state 

4518.  State  superintendent  charged  with  administration 
of  school  system.  Apportionment  of  money.  The  state  super- 
intendent shall  be  charged  with  the  administration  of  the  sys- 
tem of  public  instruction  and  the  general  superintendence  of 
the  business  relating  to  district  schools  of  the  state,  and  of  the 
school  revenue  set  apart  and  appropriated  for  their  support, 
and  shall  have  full  power  to  investigate  all  matters  pertain- 
ing to  the  public  schools.  It  shall  be  the  duty  of  the  state 
auditor  to  notify  the  superintendent  of  the  actual  amount  of 
money  in  the  state  treasury  to  the  credit  of  the  state  district 
school  fund  on  the  31st  day  of  October  and  December,  and  on 
the  31st  day  of  March  of  each  year.  Within  ten  days  after 
receiving  such  notification,  the  superintendent  shall  apportion 
said  fund  among  the  several  counties  and  cities  of.  the  first 
and  second  classes  in  the  state  under  the  provisions  of  this  chap- 
ter, according  to  the  number  of  persons  between  the  ages"  of 
six  and  eighteen  years  residing  in  such  county  or  city,  as 
shown  by  the  last  school  census  lists  of  the  several  counties 
and  cities;  and  immediately  furnish  to  each  county  treasurer, 
to  each  treasurer  of  the  board  of  education  in  cities  of  the  first 
and  second  classes,  and  to  the  county  superintendents,  an  ab- 
stract of  such  apportionments.  He  shall  also  certify  such  ap- 
portionment to  the  state  auditor,  and,  upon  receiving  such  cer- 
tificate, the  auditor  shall  forthwith  draw  his  warrant  on  the 
state  treasurer  in  favor  of  the  county  treasurer  of  each  county, 
or  the  treasurer  of  each  city  board  of  education,  as  the  case 
may  be,  for  the  amount  due  said  county  or  board:  provided, 
that : 

1.     No.  apportionment  shall  be  made  to  any  county  or  city 
until  all  the  reports  for  the  year  next  preceding,  as  required 

(by  law.  have  been  received  from  such  county  or  city  by  the 
state  superintendent; 


8     SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

2.  If  any  district  or  districts  in  any  county  have  failed 
to  maintain  school  for  twenty  weeks  during  the  year  next  pre- 
ceeding  that  in  which  the  apportionment  is  made,  the  number  of 
children  of  school  age  in  such  district  or  districts  shall  be  sub- 
tracted from  tin1  total  school  population  of  the  state,  and  from 
the  school  population  of  the  county  in  which  such  district  or 
districts  are  located  before  making  the  apportionment;  pro- 
vided, that  when  the  failure  to  maintain  school  in  such  dis- 
trict or  districts  the  required  length  of  time  is  due  to  quaran- 
tine, fire,  flood,  or  other  like  uncontrollable  cause,  such  fail- 
ure shall  not  affect  the  basis  upon  which  the  apportionment 
is  made.      Am'd  '07,  p.  42. 

Public  school  fund.  Con.  art.  10,  sec.  3  Apportionment  by  county  auditor,    §§ 

Annual    levy    of    state    school    tax,    §  1560-1562. 
5998.  School  money  paid  on  order,   §  4564. 

County      superintendent      to      apportion  Svate   auditor   to   report   to    §    5717. 

school  fund,    §   4565. 

4519.  Seal  of  state  superintendent.  Register  and  forms 
and  regulations  for  reports.  Opinions.  Visiting  schools,  etc. 
The  superintendent  shall  provide  and  keep  a  seal  by  which 
his  official  acts  and  copies  of  all  papers  and  documents  filed 
in  his  offce  may  be  authenticated,  and  when  so  authenticated 
said  copies  shall  be  received  as  evidence  in  all  courts  of  this 
state  equally  with,  and  in  like  manner  as  the  original.  He 
shall  prepare  and  transmit  to  the  proper  officers  suitable  forms 
and  regulations  for  making  all  reports,  with  the  necessary 
blanks  therefor,  also  school  registers,  and  all  necessary  instruc- 
tions for  the  organization  and  government  of  district  schools, 
and  the  conducting  of  all  necessary  proceedings  under  this 
title.  He  shall  print  and  circulate  a  summary  of  his  opinions 
and  rulings.  The  cost  of  such  blank  forms,  school  registers, 
and  for  the  printing  of  the  summary  of  his  opinions  and  rul- 
ings shall  be  paid  out  of  the  state  school  fund,  and  the  vouchers 
therefor  shall  be  certified  to  by  the  superintendent,  and  filed 
with  the  state  board  of  examiners,  who  are  empowered  to  al- 
low or  reject  the  same,  in  whole  or  in  part,  in  the  same  manner 
as  in  the  case  of  claims  for  which  an  appropriation  has  been 
made,  and  the  state  auditor  shall  draw  his  warrant  on  the 
state  treasurer  for  the  amount  allowed  in  favor  of  the  person 
to  whom  said  amount  is  due.  He  shall  visit  at  least  once  a 
year  in  each  county  in  the  state  the  principal  schools  and  dis- 
trict school  boards.  He  may  examine  the  state  auditor's  books 
and  records  relative  to  school  revenue,  and  those  of  other 
public  officials  relating  to  school  accounts.  He  shall 
meet  with  school  officers,  advise  with  teachers,  and  lecture  to 
institutes  and  public  assemblies  upon  topics  calculated  to  pro- 
mote the  interests  of  education. 

4520.  State  superintendent  to  advise  with  school  officers. 
Effect  of  his  decisions.  He  shall  advise  with  county  superin- 
tendents  and   with   school  boards   and   other  school '  officers 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH      9 

upon  all  matters  involving  the  w<  of  the  schools.       He 

shall,  when  requested  by  superintendents  or  other  school  of- 
ficers, give  them  written  answers  to  all  questions  concerning 
the  school  law.  His  decisions  shall  be  held  to  be  correct  and 
final  until  set  aside  by  a  courl  of  competent  jurisdiction  or  by 
subsequent  legislation. 

4521.  Biennial  report  of  state  superintendent.  On  or 
before  the  1st  day  of  January  preceding  each  biennial  - 
sion  of  the  legislature,  the  state  superintendent  shall  pre- 
sent to  the  governor  a  report  of  his  administration  of  the 
system  of  public  instruction.  There  shall  be  printed  at  least 
1.000  copies  of  his  report  and  laws  relating  to  the  schools, 
which  shall  be  distributed  under  his  direct  inn.  The  super- 
intendent in  his  report  shall  furnish  a  brief  exhibit: 

1.  Of  his  labors,  results  of  his  experience  and  observa- 
tions as  to  the  operation  of  the  public  school  system,  and  sug- 
gestions as  to  the  remedy  for  imperfections; 

2.  Of  the  amount  of  school  revenue  and  its  general  con- 
dition as  to  sufficiency  or  insufficiency; 

3.  Of  such  plans  as  he  may  have  matured  .for  the  bet- 
ter organization  of  the  schools,  and  for  the  increase  and  eco- 
nomical expenditure  of  the  school  revenue: 

4.  A  full  statement  of  the  condition  and  amount  of  all 
funds  and  property  appropriated  for  educational  purposes; 
the  number  and  grade  of  schools  in  each  county,  and  in  each 
city  of  the  first  and  of  the  second  class,  the  number  of  children 
between  the  ages  of  six  and  eighteen  years  in  each  county 
and  in  each  city  of  the  first  and  of  the  second  class,  with  the 
number  of  such  attending  district  schools,  the  average  num- 
ber of  children  that  have  attended  district  schools  during  the 
two  years  previous  to  July  1st  of  that  year,  the  number  that 
can  read  and  write,  the  amount  of  school  money  raised  by 
county  taxation  or  otherwise,  the  amount  expended  for  salaries 
of  teachers  and  for  building  schoolhouses ; 

5.  A  comparison  of  the  results  of  the  two  years  then  cl 
ing  with   those   of  the   two   years  preceding,   indicating   the 
progress  of  public  instruction,  and.  as  far  as  can  be  ascertained, 
the  number  and  condition  of  private  schools,  academies,  and 
colleges  in  the  state.      Am'd  '05,  p.  88. 

4522.  Id.  He  shall  append  to  his  report  such  informa- 
tion relative  to  the  system  of  public  instruction,  the  schools, 
their  annual  revenues,  and  such  other  matters  as  he  may 
deem  proper.  He  shall  include  in  his  report  statistical  tables 
compiled  from  information  transmitted  to  his  office,  with 
summaries,    averages,    and    totals    appended    thereto;    also    a 


10    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

statement  of  the  annual  collection  of  school  revenue,  and  his 
apportionment  thereof:  and  when  he  deems  it  of  sufficient  in- 
terest, he  shall  append  extracts  from  the  correspondence  of 
school  officers,  showing;  either  the  salutary  or  defective  opera- 
tion of  the  system.  He  shall  furnish  the  United  States  com- 
missioner of  education  at  Washington  such  information  as 
that  officer  may  require. 

4523.  Quarterly  expense  account  of  state  superintendent. 
Books,  etc.,  to  successor.  At  the  end  of  each  month  he  shall 
file,  with  the  state  board  of  examiners  an  itemized  account  of 
his  expenses,  verified  by  his  oath.  The  said  board  shall  exam- 
ine the  same,  and,  if  the  account  is  found  to  be  correct 
and  the  expenditures  necessary,  shall  certify  the  same  to  the 
state  auditor,  who  shall  issue  a  warrant  to  the  state  treasurer 
for  the  amount  due  on  such  account,  and  at  the  end  of  each 
quarter  year,  for  one-fourth  of  the  superintendent's  annual 
salary,  and  shall  charge  the  same  to  the  state  district  school 
fund.  At  the  expiration  of  his  term  of  office,  he  shall  deliver 
to  his  successor  all  books,  records,  documents,  maps,  reports, 
papers,  and  other  articles  pertaining  to  his  office.  Am'd  '01, 
p.  18. 

4524.  State  superintendent  may  call  convention  of  county 
and  city  superintendents.  The  state  superintendent  shall  have 
power  to  call  annually  a  convention  of  the  county  and  city 
superintendents,  to  assemble  at  such  time  and  place  as  he  shall 
deem  most  convenient,  for  the  discussion  of  questions  pertain- 
ing to  the  supervision  and  administration  of  public  schools, 
the  laws  relating  thereto,  and  such  other  subjects  affecting 
the  welfare  and  interest  of  the  public  schools  as  shall  properly 
be  brought  before  it.  It  is  hereby  made  the  duty  of  all  county 
and  city  superintendents  to  attend  such _ conventions  when 
called.  The  actual  traveling  expenes  of  county  superinten- 
dents for  attending  such  conventions  shall  be  allowed  by  the 
board  of  county  commissioners,  and  paid  out  of  the  same  fund 
as  the  salaries  of  county  superintendents.  -The  actual  trav- 
eling expenses  of  city  superintendents  alt  ending  such  conven- 
tions shall  be  allowed,  and  paid  out  of  the  same  fund  as  sal- 
aries  of  city  superintendents.      Am'd  '05,  p.  89. 

Superintendent    may    call    text    book   convention,     §     l"..">6. 


CHAPTER  4. 

COURSES  OF  STUDY  IN  PUBLIC  SCHOOLS. 

4531.  Course  of  study  to  be  prescribed.  Within  thirty 
days  after  the  adoption  of  text  books,  the  state  superintendent 
of  public  instruction,  the  principal  of  the  state  normal  school, 
and  five  school  superintendents  to  be  appointed  by  the  state 


S(  HOOL  LAWS  OF  THE  STATE  OF  UTAH  11 

board  of  education,  shall  meet  and  prescribe  a  course  of 
study  for  the  schools  of  the  state  not  included  in  cities  of  the 
first  and  the  second  class,  and  shall  furnish  free  of  cost  to 
each  comity  or  school  district,  the  number  of  courses  of  study 
ordered  by  the  superintendent  of  schools.       '07,  p.  55  ;  '13,  p.  17. 

4532.  No  compensation.  Expenses.  The  committee  shall 
serve  without  compensation  ;  provided,  that  the  actual  and  nec- 
essary expenses  of  the  superintendents  while  attending  meet- 
ings of  the  committee  shall  be  paid  out  of  the  state  super- 
intendent's contingent  fund.       '07,  p.  55;  '13,  p.  18. 

4533.  Habits  of  birds,  etc.,  to  be  observed  in  schools. 
Bird  day  established.  It  shall  be  the  duty  of  the  hoard  of  edu- 
cation or  school  hoard  of  every  school  district  within  this 
state  to  cause  to  be  observed  in  the  schools  the  last  Friday 
in  April  of  each  year  as  bird  day,  with  appropriate  lessons  and 
exercises  relating  to  the  observation,  the  study,  and  the  value 
of  birds  and  other  forms  of  animal  life,  particularly  as  aids  in 
the  extermination  of  insects,  weeds,  and  other  pests.     '13,  p.  93, 

4534.  Physiology  and  hygiene.  It  shall  be  the  duty  of 
all  boards  of  education  and  trustees  in  charge  of  schools  and 
educational  institutions  supported  in  whole  or  in  part  by  pub- 
lic funds  to  make  provisions  for  systematic  and  regular  in- 
struction in  physiology  and  hygiene,  including  special  refer- 
ence to  the  effects  of  stimulants  and  narcotics  upon  the  human 
system. 

The  foregoing  and  the  succeeding:  sec-         peal  was   nut   included  in  the  title  of  the 
tion  were  in  the  body  of  chap.   78.   laws         act. 
of    '15,    declared    repealed,    but    the    re- 

4535.  Sanitation  and  the  cause  and  prevention  of  disease 
shall  be  taught.  There  shall  be  established  in  the  normal 
schools  of  the  state,  and  in  the  public  schools,  beginning  with 
the  eighth  grade,  a  course  of  instruction  upon  the  subjects  of 
sanitation,  and  the  cause  and  prevention  of  disease.  It  shall 
be  the  duty  of  the  state  board  of  education  and  the  state 
board  of  health,  acting  conjointly,  to  prepare  a  course  of  study 
to  carry  out  the  provisions  of  this  section.       '07,  p.  116. 

Control   of  hoard  of  health,    5   27."). 
Compulsory     vaccination    unlawful,     § 
2763. 

4544.  Board  may  maintain  kindergartens.  Teachers. 
School  boards  may  establish  and  maintain  kindergartens  in 
their  several  districts,  open  to  children  resident  therein  be- 
tween the  ages  of  four  and  six  years.  The  cosl  thereof  may  be 
paid  in  whole  or  in  part  out  of  the  school  funds  of  the  district. 
kindergartens  established  under  the  provisions  of  this  section 
'  -n  be  subject  to  the  control  .»!'  the  school  boards  of  the  re- 
spective districts  in  which  they  are  maintained.  Teachers  for 
said  schools,  unless  holding  a  certificate  of  efficiency  in  kin- 


12    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

clergarten  work  granted  by  the  State  Normal  School,  shall  be 
required  to  sustain  a  special  examination  relating  to  the  prin- 
ciples and  practice  of  the  kindergarten,  such  examination  to 
be  conducted  under  the  direction  of  the  state  board  of  educa- 
tion. 

Kindergarten    schools    part   of   public    school  system,   Con.  art.  10,   sec.  2. 

4545.     Kindergartens  provided  for.      Maintenance.      All 

school  districts  of  a  population  of  2,000  and  upwards  shall 
hereafter  establish  and  maintain  one  or  more  kindergartens  in 
said  school  district,  open  to  children  resident  therein  between 
the  ages  of  four  and  six  years.  Said  kindergartens  must  be 
established  within  four  years  after  March  16,  1903.  The  cost 
of  maintaining  such  kindergartens  shall  come  out  of  the  dis- 
trict school  fund  of  the  respective  districts.         '03,  p.  139. 


CHAPTER  5. 

EXAMINATION  OF  SCHOOL  CHILDREN  FOR 

DEFECTIVE  SIGHT,  ETC. 

('11,  p.  285.) 

4546.  Duty  of  teacher.  It  shall  be  the  duty  of  every 
teacher  engaged  in  teaching  in  the  public  schools  of  the  state, 
separately  and  carefully,  to  test  and  examine  every  child  under 
his  jurisdiction  to  ascertain  if  such  child  is  suffering  from  de- 
fective sight  or  hearing,  or  diseased  teeth,  or  breathes  through 
its  mouth.  If  such  test  determines  that  any  child  has  such 
defect,  it  shall  be  the  duty  of  the  teacher  to  notify,  in  writing, 
the  parent  of  the  child  of  such  defect  and  explain  to  such  par- 
ent the  necessity  of  medical  attendance  for  such  child. 

4547.  State  board  of  health  to  prescribe  rules.  The  State 
board  of  health  shall  prescribe  rules  for  making  such  tests, 
and  shall  furnish  to  boards  of  education  and  boards  of  trus- 
tees of  school  districts  rules  of  instruction,  test  cards,  blanks, 
and  other  useful  appliances  for  the  carrying  out  of  the  pur- 
poses of  this  chapter. 

4548.  When  tests  shall  be  made.  During  the  first  month 
of  each  school  year,  after  the  opening  of  school-teachers  must 
make  the  tests  required  by  this  chapter  upon  the  children  then 
in  attendance  at  school ;  and  thereafter,  as  children  enter  school 
during  the  year,  such  tests  must  be  made  immediately  upon 
their  entrance. 

4549.  Duty  of  boards  of  education.  It  shall  be  the  duty 
©f  the  boards  of  education  and  boards  of  trustees  of  the  several 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  13 

school  districts  of  the  state  to  enforce  the  provisions  of  this 
chapter. 

4550.  May  employ  physicians.  The  board  of  education 
or  board  of  trustees  of  any  school  district  may  employ  regular- 
ly licensed  physicians  to  make  the  tests  required  by  §  4546, 
and  when  such  tests  are  made  by  a  physician,  the  teacher  shall 
not  be  required  to  make  the  tests  provided  for  in  §  4546. 


CHAPTER  6. 

CIVIC  CENTERS. 

('17,  p.  420.) 

4551.  Designation.  Purpose.  Proviso.  There  is  hereby 
established  a  civic  center  at  each  and  every  public  school  house 
within  the  state  of  Utah,  where  the  citizens  of  the  respective 
school  districts  within  the  state  of  I 'tali  may  engage  in  super- 
vised recreational  activities,  and  where  they  may  meet  and 
discuss,  from  time  to  time,  as  they  may  desire,  any  and  all 
subjects  and  questions  which,  in  their  judgment,  may  appertain 
to  the  educational,  political,  economic,  artistic,  and  moral  inter- 
ests of  the  citizens  of  the  respective  communities  in  winch  they 
may  reside:  provided,  that  such  use  of  said  public  schoolhouses 
and  grounds  for  said  meetings  shall  in  no  wise  interfere  with 
such  use  and  occupancy  of  said  public  schoolhouses  and 
grounds  as  is  now  or  hereafter  may  be  required  for  the  pur- 
poses of  said  public  schools  of  the  state  of  Utah. 

4552  Payment  of  incidental  expenses  provided.  Lighting, 
heating,  janitor  service,  and  the  services  of  a  special  supervi . 
inp-  officer  when  needed,  in  connection  with  such  use  of  public 
school  buildings  an  1  grounds,  as  se1  forth  in  §  4551,  hall  be 
provided  for  out  of  the  county  or  special  school  funds  of  the 
respective  school  districts  in  the  same  manner  and  by  the  same 
authority  as  such  similar  services  are  now  provided  for.  Such 
use  of  the  said  schoolhouses.  property  and  grounds  shad  be 
granted  free;  provided,  that  in  case  of  entertainments  where 
an  admission  fee  is  charged,  a  charge  may  be  made  for  the 
use  of  said  schoolhouses,  property,  and  grounds. 

4553.  Management.  Rules.  Supervisor.  The  manage- 
ment, direction,  and.  control  of  said  civic  center  shall  be  vested 
in  the  board  of  directors  of  the  school  district.  Said  board  of 
directors  shall  make  all  needful  rides  and  regulations  for 
conducting  said  civic  center  meetings  and  for  such  recreation]- 
al  activities  ;is  are  provided  for  in  §  4.V>1  ;  and  said  board 
of  directors  may  appoint  a  special  supervising  officer  who  shall 


14  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

have  charge  of  the  grounds,  preserve  order,  protect  the  school 
property,  and  do  all  things  necessary  in  the  capacity  of  a  peace 
officer  to  carry  out  the  provisions  and  the  intents  and  pur- 
poses of  this  chapter. 

4554.  Use  of  schoolhouses  subject  to  discretion  of  direc- 
tors. The  provisions  of  this  chapter  shall  not  be  mandatory 
upon  the  board  of  directors  of  any  school  district,  in  respect  to 
their  authority  and  right  to  exercise  discretionary  powers  as 
to  refusal  of  the  use  of  such  schoolhouse  for  any  such  pur- 
pose or  purposes;  but  whenever,  in  their  judgment,  it  seems 
inadvisable  to  permit  the  use  of  such  schoolhouse  for  the 
purpose  requested,  the  board  shall  have  the  power  and  au- 
thority to  refuse  the  use  of  such  schoolhouse  for  any  of  the 
purposes  mentioned  in  this  chapter. 


CHAPTER  7. 
TEXT  BOOKS. 


4555.  6ommission  created.  Duties.  No  compensation. 
Expenses.  A  state  textbook  commission  is  hereby  created  and 
established  to  consist  of  the  state  superintendent  of  public  in- 
struction, the  president  of  the  University  of  Utah,  the  presi- 
dent of  the  Agricultural  College  of  Utah,  the  clean  of  the  state 
normal  school,  and  five  resident  citizens  of  the  state  to  be 
appointed  by  the  governor,  three  of  whom  shall  be  superin- 
tendents of  schools.  In  1921  the  governor  shall  appoint  two 
members  of  the  commission  for  a  term  of  two  years  and  three 
members  for  a  term  of  four  years;  and  thereafter  appoint- 
ments shall  be  for  a  term  of  four  years.  Appointments  to 
fill  vacancies  shall  be  for  unexpired  terms.  Each  commis- 
sioner shall  serve  without  compensation,  but  his  actual  and 
necessary  expenses  incurred  in  the  performance  of  his  offi- 
cial duties,  the  account  of  which  shall  be  verified  on  oath, 
shall  be  paid  out  of  the  public  school  fund.  The  members  of 
this  commission,  or  a  majority  of  them,  shall  decide  what  text- 
books shall  be  adopted  for  use  in  the  district  schools  and  the 
high  schools  of  the  state,  except  in  cities  of  the  first  and  the 
second  class,  and  their  use  shall  be  mandatory  in  all  district 
and  high  schools  of  the  state,  except  in  cities  of  the  first 
and  the  second  class.      Ara'd  '09,  p.  76;  13,  p.  43;  '21,  Ch.98. 

4556.  Meetings  of  commission.  Term  of  textbook  adop- 
tions. The  state  superintendent  shall  call  a  meeting  of 
the  textbook  commission  at  least  three  months  prior  to  the  ex- 
piration of  any  contract  regulating  the  supply  and  use  of  text- 
books in  the  district  schools  and  the  high  schools  throughout 
the  state,  except  in  cities  of  the  first  and  the  second  class,  and 


SCHOOL  LAWS  OF  THK  STATE  OF  UTAH  15 

shall  give  at  least  sixty  days'  notice  of  the  time  of  holding  such 
meeting  by  publication  in  a  newspaper  having  general  cir- 
culation in  the  state.  Such  notice  shall  state  the  subjects  upon 
which  textbooks  shall  be  adopted  and  that  sealed  proposals 
will  be  received  by  the  state  superintendent  for  furnishing 
such  books,  the  place  where  and  the  day  and  hour  when  all 
proposals  will  be  opened,  and  that  the  textbook  commission 
reserves  the  right  to  reject  any  and  all  proposals.  A  regular 
meeting  shall  be  called  for  the  adoption  of  textbooks  every 

two  years  as  herein  provided.    At  the  meeting  of  tl ommis- 

sion  occurring  in  1923,  approximately  one-third  of  the  text- 
books adopted  shall  be  for  a  period  of  four  years,  approximate- 
ly one-third  for  a  period  of  six  years,  and  the  remainder  for 
a  period  of  eight  years.  Thereafter  adoptions  shall  be  for  a 
period  of  six  years,  approximately  one-third  of  the  text-books 
in  use  to  be  selected  at  such  regular  meeting  of  the  commis- 
sion. Any  textbook  found  unsatisfactory  can  be  changed  at 
any  regular  meeting  of  the  commission.  Am'd  '03,  p.  6;  '09, 
p.  76;  '13,  p.  43;  '21,  Ch.  98. 

4557.  Proposals  for  text  books  and  awards.  At  the  time 
and  place  specified  in  said  notice,  the  convention  shall  meet 
and  publicly  open  and  read  all  the. proposals  which  have  been 
received,  and  shall  make  their  awards  therein  within  thirty 
days  thereafter. 

The    failure    to    literally    comply    with  Tanner  v.   Nelson.   25   U.   226;    70   P. 

the    provisions    of    this    section    is    im-        984. 
material. 

4558.  Samples  and  prices.  Sealed  proposals  must  be  ac- 
companied by  sample  copies  of  the  books  proposed  to  be  fur- 
nished, together  with  a  statement  of  the  introductory  or  ex- 
change price,  and  of  the  wholesale  and  retail  prices  at  which 
the  publishers  agree  to  furnish  each  book  within  the  state 
during  the  full  time  for  which  said  books  may  be  adopted. 

4559.  When  proposals  are  unsatisfactory.  If  no  satis- 
factory proposals  are  received,  the  state  superintendent  of  pub- 
lic instruction  may  advertise  anew,  and  the  books  in  use  shall 
be  continued  in  use  until  satisfactory  proposals  shall  have  been 
received  and  accepted.      Am'd   '03,  p.  6. 

4560.  Publishers  to  enter  into  contract.  The  publisher  or 
publishers  whose  proposals  shall  be  accepted  musl  enter  into 
a  written  contract  with  the  state  superintendent  of  schools, 
and  shall  give  a  bond  with  two  sufficient  sureties  in  a  reason- 
able sum,  to  be  fixed  by  the  convention,  for  the  faithful  per- 
formance of  such  contract. 

Objection    that     convention     failed     to  Tanner    v.    Nelson.    25    l".    226;    70    P. 

fix    the    amount    of    the    bonds    not    BUS-         984. 
tainable. 

4561.  School  officer  or  teacher  not  to  act  as  agent.  Xo 
school  officer  or  teacher  in  any  district  school  in  this  state  shall 


16  M'HOOL  LAWS  OF  THE  STATE  OF  UTAH 

act  as  agent  for  any  author,  publisher,  bookseller,  or  other 
person  to  introduce  any  book,  apparatus,  furniture,  or  any 
article  whatever  in  any  district  in  which  such  school  officer  or 
teacher  is  officially  engaged. 

4562.  Receiving  money  or  bonus  from  publisher.  Penalty. 
If  any  member  of  the  state  text  book  commission  shall  receive 
from  the  publisher  of  any  school  books  or  from  any  other 
person  interested  in  the  sale  or  introduction  of  any  books,  maps, 
charts,  or  other  school  supplies  into  the  public  schools  in  the 
state,  any  money  or  bonus  in  any  manner  as  an  inducement  for 
the  recommendation  or  introduction  of  any  such  school  book  in 
the  schools  of  the  state,  such  person  shall  be  guilty  of  a  misde- 
meanor.      '09,  p.  76. 

4563.  Failure  to  enforce  use  of  books  adopted.  Penalty. 
If  the  trustees  of  any  district  shall  refuse  or  neglect  to  en- 
force the  use  of  text  books  adopted  by  the  convention,  such 
•refusal  or  neglect  shall  be  a  misdemeanor  on  the  part  of  any 
trustee  so  refusing  or  neglecting,  and  shall  be  punishable  by 
a  fine  not  exceeding  $100  and  by  removal  from  office. 


CHAPTER  8. 

SCHOOL  TAXES  AND  FUNDS. 

4564.  State  treasurer  to  receive  and  pay  over  school 
fund.  The  state  treasurer  shall  receive  and  hold  as  a  special 
fund  all  public  school  moneys  paid  into  the  state  treasury, 
and  pay  them  over  on  a  warrant  of  the  state  auditor,  issued 
upon  the  order  of  the  state  superintendent  of  public  instruc- 
tion in  favor  of  the  county  treasurer  of  each  county  for  the 
amount  clue  said- county,  and  in  favor  of  the  treasurer  of  each 
board  of  education  for  the  amount  due  such  board. 

State  auditor  to  report,   §   5717.  State  tax  for  district  schools,   §   5998. 

4565.  Apportionment  :and   ,use   of  ^school   funds.     The 

county  superintendent  of  each  county  shall,  immediately  upon 
receiving  the  apportionment  from  the  state  superintendent, 
proceed  to  apportion  the  state  school  funds  to  the  several 
school  districts  of  his  county  according  to  the  number  of 
school  childen  residing  in  each  district  over  six  and 
under  eighteen  years  of  age,  as  shall  appear  from  the  last 
enumeration  reported  to  his  office.  The  county  superinten- 
dent shall  apportion  the  county  school  funds  in  like  manner, 
and  as  soon  as  practicable  after  the  receipt  of  the  same  or 
any  portion  thereof;  provided,  that  before  making  such  ap- 
portionment lie  shall  apportion  to  cities  of  the  first  and  of 
the  second   class   and   to   count  v   school   districts  of  the   first 


SCHOOL  LAWS  OF  THE  STATE  OP  UTAH    17 

class  their  proportion  per  capita  of  the  county  school  fund, 
after  which  he  shall  sel  aside  so  much  of  saiil  county  fund  as 
the  board  of  county  commissioners  shall  order  for  the  pay- 
ment of  the  compensation  of  the  county  superintendent,  mem- 
bers of  the  board  of  examiners,  and  the  expenses  of  the 
county  institute,  and  contingent  expenses  of  the  county  su- 
perintendent "s  office,  and  the  actual  and  necessary  traveling 
expenses  of  the  county  superintended  while  making  his  of- 
ficial visits,  but  all  warrants  drawn  by  the  county  super- 
intendent for  the  disbursement  of  the  fund  so  set  aside  shall 
be  approved  by  he  board  of  county  commissioners;  provided, 
further,  that  no  part  of  either  of  said  funds  shall  be  used 
otherwise  than  for  the  payment  of  teachers,  except  as  pro- 
vided otherwise  in  this  section.  The  counts-  superintendent 
shall  file  a  duplicate  of  such  apportionmenl  with  the  county 
auditor.       Am'd  '01,  p.  43;  '09,  p.  24, 

Apportionment  by   county   auditor,    §§  is    distributed,    under    certain    provisions 

1560-1562.  added  to  the  revenue  act  of  i  B96  on  pp. 

State    superintendent      to      apportion  489    and    497,    are   in    violation    of   Con. 

school   fund,    §   4518.  art.  10,  sec.  6,  and  such  provisions,  being 

The  collection  of  the  county  school  tax  in  conflict   therewith,    are   invalid, 
within   Salt  Lake  City  and   the   subtrac-  Merrill    v.    Spencer,    14    U.    273:    46 

tion     of     a     certain     sum     therefrom    for  P.   1096. | 
county   school   purposes   before  the  fund 

4575.  State  levy  for  high  school  purposes.  Limit.  The 
state  board  of  equalization  is  hereby  authorized  am1  directed 
to  levy  annually,  a  state  tax  of  not  more  than  two-tenths  of 
one  mill  on  each  dollar  of  valuation  of  the  taxable  propel 

in  the  state,  for  high  school  purposes;  and  the  levy  and  col- 
lection of  said  tax  must  he  performed  in  the  same  manner 
and  at  the  same  time  ;is  other  taxes  are  levied  and  collected, 
and  shall  be  apportioned  to  the  several  cities  and  school  dis- 
tricts maintaining  high  schools  as  provided  by  law.  Am'd 
'15,  p.  19S. 

4576.  Board  of  education  to  be  notified.     On  the  r; 
Monday  in  October  of  each  year,  the  board  of  education  or 

school  board  of  any  city  or  school  district  in  which  a  high 
school  is  established  shall  notify  in  writing^ the  state  board  of 
education  of  the  establishment  of  such  high  school  and  the  in- 
tention of  such  city  or  district  to  claim  the  benefits  of  the  high 
school  fund. 

4577.  Standard  to  be  fixed.  The  slate  hoard  of  educa- 
tion shall  by  rule  fix  the  standard  upon  which,  and  the  period 
during  the  yt'iw  that,  high  schools  in  this  state  shall  be  main- 
tained in  order  to  obtain  any  part  of  the  high  school  fund. 
Such  rule  shall  he  fixed  on  or  before  the  1st  day  of  May,  1911; 
and  thereafter  if  such  rule  be  amended,  the  amendment  shall 
take  effect  on  the  1st  day  of  .luly  at  leasl  one  year  after  the 
date  of  its  adoption.  A  copy  of  such  rule  or  amendment  shall 
be  furnished  to  each  city  or  district  establishing  high  scl  ools 
immediately    after   its   adoption. 


18    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4578.  Report  of  attendance  to  state  board  of  education. 
On  the  last  Monday  of  January  of  each  year  the  board  of 
education  or  board  of  the  city  or  district  in  which  a  high 
school  is  established  and  maintained  shall  report  to  the  state 
board  of  education  the  actual  number  of  students  enrolled  in 
such  high  school,  and  an  estimate  of  the  number  of  students 
who  will  attend  such  high  school  for  a  period  of  at  least 
twenty  weeks  during  the  current  school  year;  which  report 
must  be  approved  by  the  president  or  chairman  and  the  clerk 
of  the  board.  On  the  second  Monday  in  June  of  each  year 
the  board  of  education,  or  bo,ard  of  city  or  district  in  which 
a  high  school  is  established  and  maintained,  shall  report  to 
the  state  board  of  education  the  actual  number  of  students 
enrolled  who  have' been  in  actual  attendance  in  such  high 
school  for  a  period  of  at  least  twenty  weeks,  together  with 
the  daily  average  attendance  of  the  students  so  enrolled  dur- 
ing such  school  year;  which  report  must  he  verified  under 
oath  by  the  president  or  chairman  and  the  clerk  of  the  board. 
Such  report  shall  also  give  such  additional  information  as 
the  state  board  of  education  may  require  in  order  to  enable 
it  to  determine  the  standard  of  the  school.      Am'd  '15,  p.  189. 

4579.  State  auditor  to  report  amount  of  funds  on  hand. 

On  the  last  Monday  in  January  and  on  the  second  Monday 
in  June  of  each  year  the  state  auditor  shall  report  to  the  state 
board  of  education  the  amount  then  on  hand  in  the  state  high 
school  fund.       Am'd  '15,  p.  189. 

4580.  Apportionment,  how  computed.  Disbursement. 
Upon  receipt  of  the  January  reports  mentioned  in  §  4578,  and 
upon  receipt  of  the  January  report  of  the  state  auditor  as 
provided  in  the  next  preceding  section,  the  state  board  of  edu- 
cation shall  apportion  to  the  several  cities  and  school  dis- 
tricts maintaining  high  schools  of  the  standard  fixed  by  the 
state  board  of  education,  70  per  cent  of  the  amount  of  money 
then  on  hand  in  the  state  high  school  fund  as  shown  by  the 
auditor's  report;  such  apportionment  shall  be  made  according 
to  the  estimated  number  of  students  who  will  be  in  attend- 
ance at  each  high  school  during  a  period  of  at  least  twenty 
weeks,  as  shown  by  the  January  report  of  the  board  of  edu- 
cation or  board  of  the  city  or  district  required  to  be  made  by 
§  457S.  The  state  board  of  education  shall  immediately  fur- 
nish to  the  treasurer  of  each  school  board  in  cities  or  districts 
where  any  such  school  is  maintained  an  abstract  of  such 
apportionment.  The  state  board  of  education  shall  also  certify 
such  apportionment  to  the  state  auditor,  and  upon  receiving 
such  certificate  the  state  auditor  shall  forthwith  draw  his  war- 
rant on  the  state  treasurer  in  favor  of  the  treasurer  of  the 
school  board  for  the  amount  to  which  said  city  or  district  is  en- 
titled under  such  apportionment.  Upon  receipt  of  the  June  re- 


school  LAWS  OF  THE  STATE  OF  ITAII  19 

ports  mentioned  in  §  4578,  and  upon  receipt  of  the  June  reporl 
of  the  state  auditor  as  required  in  the  nexl  preceding  section, 
the  state  board  of  education  shall  make  a  final  apportion- 
ment of  the  amount  on  hand  in  the  state  high  school  fund, 
as  shown  by  the  auditor's  report,  to  the  several  cities  and 
school  districts  maintaining  high  schools  for  the  required  pe- 
riod of  time  and  of  the  standard  fixed  by  the  state  board  of 
education.  In  making  such  final  apportionment  the  state 
board  of  education  shall  determine  the  total  amount  of  funds 
to  which  each  high  school  is  entitled  for  the  entire  school  year 
as  shown  by  the  number  of  students  who  have  attended  such 
high  school  for  a  period  of  at  leasl  twenty  weeks  as  shown  by 
the  June  reporl  of  the  board  of  education  or  board  of  the 
city  district  required  in  §  4578.  The  state  board  of  '-dura- 
tion shall  then  subtract  from  the  total  amount  to  which  each 
school  is  entitled  the  amount  such  school  has  already  received, 
and  it  shall  thereupon  apportion  the  balance  to  such  school. 
The  state  hoard  of  education  shall  immediately  furnish  to  the 
treasurer  of  each  school  hoard  in  cities  or  districts  where  any 
such  school  is  maintained  an  abstract  of  such  final  apportion- 
ment. The  state  board  of  education  shall  thereupon  certify 
such  final  apportionment  to  the  state  auditor,  and  moon  re- 
ceiving such  certificate  the  state  auditor  shall  forthwith  draw 
his  warrant  on  the  state  treasurer  in  favor  of  the  treasurer 
of  the  school  hoard  for  the  amount  to  which  the  said  city  or 
district    is   entitled    under   such    final    apportionment.  '15, 

p.  189. 

4581.  High  schools  to  be  inspected.  The  state  superin- 
tendent of  public  instruction  shall  cause  all  high  schools  claim- 
ing any  benefit  from  the  high  school  fund,  to  be  inspected  at 
least  once  during-  each  school  year.         Am'd   '21,  Ch. 

4582.  Expense  of  inspection  to  be  paid  from  high  school 
fund.  The  compensation  and  traveling  expenses  of  a  per- 
son making  such  inspection  shall  be  fixed  by  the  state  board  of 
education,  subject  to  the  approval  of  the  state  board  n\'  exam- 
iners, and  shall  be  paid  out  of  the  state  high  school  fund 
upon  claims  properly  verified  by  the  state  board  of  education 
and  approved  by  the  state  hoard  of  examiners.      Am'd  '21,  Ch. 

4586.  Trustees  may  levy  tax  to  pay  judgment  obtained 
for  taxes  illegal^  collected.  When  any  judgmenl  is  obtained 
in  a  court  of  competent  jurisdiction  againsl   a  school  district 

for  taxes  unlawfully  collected  for  and  r< ived  by  such  school 

district,  or  when  there  are  no  funds  for  the  payment  of  war- 
rants issued  by  the  trustees  of  any  school  district  to  refund 
taxes  unlawfully  collected  for  and  received  by  such  school  dis- 
trict, the  trustees  of  any  such  school  district  shall,  in  addition 
to  all  other  taxes  which  they  are  empowered  to  levy,  order  to 


20    SCHOOL  LAWS  OF  THE  STATE  OP  UTAH 

be  raised  upon  the  taxable  property  in  such  school  district  a 
sufficient  amount  of  revenue  to  pay  such  judgment  and  war- 
rants.        '01,  p.  132. 


CHAPTER.  9. 

CREATING  INDEBTEDNESS. 

4590.  Boards  of  Education — powers  to  borrow  money — 
limitations  of  debt — vote  of  qualified  electors.  The  board  of 
education  of  any  county  school  district  of  the  first  class,  or 
the  board  of  education  of  any  city  of  trte  first  class,  or  the 
board  of  education  of  any  city  of  the  second  class  may  borrow 
money,  issuing  therefor  negotiable  notes  or  bonds,  or  other- 
wise create  indebtedness  for  the  maintenance  of  the  schools 
within  such  district  or  city  not  in  excess  of  the  taxes  for  the 
current  school  year;  and  any  such  board  of  education  may 
borrow  money  issuing  therefor  negotiable  notes  or  bonds,  or 
otherwise  create  indebtedness  for  the  purpose  of  purchasing 
school  sites  and  erecting  school  buildings  not  in  excess  of 
any  tax  that  may  have  been  lawfully  authorized  or  imposed 
for  such  purposes,  and  prior  to  the  collection  thereof;  but  no 
debt  in  excess  of  the  school  taxes  for  the  current  year  shall 
be  created  by  the  board  of  education  of  any  county  school  dis- 
trict of  the  first  class,  or  by  the  board  of  education  of  any  city 
of  the  first  class,  or  by  the  board  of  education  of  any  city  of 
the  second  class  in  this  state,,  unless  the  proposition  to  create 
such  debt  shall  have  been  submitted  to  a  vote  of  such  qualified 
electors  as  shall  have  paid  a  property  tax  therein  during  the 
twelve  calendar  months  next  preceding  such  election,  and  a 
majority  of  those  voting  thereon  shall  have  voted  in  favor  of 
incurring  such  debt.       Am'd   '19,  p.  277. 

4591.  Additional  indebtedness  to  maintain  schools,  how 
authorised.  Whenever  debts  equal  to  the  school  taxes  for  the 
current  year  shall  have  been  created  by  any  school  district  in 
this  stale,  or  by  the  board  of  education  of  any  city  of  the  first 
or  of  the  second  class  in  this  state,  thereby  rendering  it  nec- 
essary to  create  and  incur  additional  indebtedness  in  order  to 
maintain  and  support  the  schools  of  any  such  school  district, 
or  the  schools  controlled  by  any  such  board  of  education,  for 
the  current  year  or  any  part  thereof,  then  the  trustees  of  any 
such  school  district,  or  any  such  board  of  education,  as  the  case 
may  be,  may  cause  the  proposition  to  incur  and  create  such 
additional  indebtedness  to  be  submitted  to  a  vote  of  such  quali- 
fied electors  as  shall  have  paid  a  property  tax  in  any  such 
school  district,  or  city  in  the  year  preceding  snch  election. 

City  school  bonds,  election,  §  4708.      For  election  procedure,  see  §  462S. 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH     21 

4592.  Id.  Election  in  city,  how  called.  Notice.  Judges. 
The  election  provided  for  in  the  preceding  section,  when  held 
in  a  city  of  the  first  or  of  the  second  class,  shall  be  called  by 
publishing  a  notice,  signed  by  the  president  and  clerk  of  the 
board  of  education,  in  a  newspaper  published  in  the  city,  for 
not  less  than  ten  days,  and  by  posting  said  notice  at  the  poll- 
ing places  in  each  municipal  ward  of  the  city  for  the  same 
length  of  time  next  preceding  said  election.  Tin-  board  of  edu- 
cation, before  any  notice  is  published  or  posted,  shall  appoint 
three  electors  in  each  municipal  ward  to  condud  the  elections 
herein  provided  for,  who  shall  take  and  subscribe  an  oath 
of  office,  and  who  shall  make  returns  thereof  to  the  board,  as 
herein  provided.    Such, notice  shall  specify: 

1.  The  time  and  place  of  holding  such  election  ; 

2.  The  names  of  the  judges  at  each  polling  place  to  con- 
duct such  election; 

3.  The  hours  during  which  the  polls  shall  remain  open; 

4.  The  amount  of  indebtedness  which  the  board  proposes 
to  incur  or  create,  and  for  what  purposes. 

4593.  Id.  In  other  districts.  The  election  provided  for 
in  §  4591,  when  held  in  any  school  district  other  than  a  city 
of  the  first  or  of  the  second  class,  shall  be  called  by  publish- 
ing a  notice,  signed  by  the  chairman  and  clerk  'of  the  board 
of  trustees  of  such  district,  in  a  newspaper  published  in  the 
count}'  in  which  such  district  is  situated,  for  not  less  than  ten 
days,  and  by  posting  such  notice  in  three  conspicuous  places  in 
the  district  for  the  same  length  of  time  preceding  said  elec- 
tion ;  if  no  newspaper  be  published  in  said  comity,  then  by  such 
posting  of  notices  only.  The  board  of  trustees  of  such  district, 
before  any  notice  is  published  or  posted,  shall  appoint  three 
electors  to  conduct  the  elections  herein  provided  for,  who  shall 
take  and  subscribe  an  oath  of  office,  and  who  shall  make  re- 
turns thereof  to  the  board  as  herein  provided.  Such  notice 
shall  specify: 

1.  The  time  and  place  of  holding  such  election  ; 

2.  The  names  of  the  judges  of  election  to  conduct  such 
election  : 

3.  The  hours  during  which  the  polls  shall  remain  open; 

4.  The  amount  of  indebtedness  which  the  board  propos 
to  incur  or  create,  and  for  what  purposes. 

4594.  Ballot.  The  ballot  used  at  such  election  shall  be 
furnished  by  the  board  of  education  or  by  the  trustees,  as 
the  case  may  be,  and  shall  express  upon  its  face  the  proposi- 


22    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

tions  which  the  board,  or  the  trustees,  desire  to  submit  to  the 
taxpayers. 

4595.  Who  entitled  to  vote  at  such  election.  Challenges. 
Every  registered  voter  residing  in  any  ward  of  any  city,  or 
residing  in  any  school  district  in  which  an  election  is  held  for 
the  purpose  of  determining  the  question  of  creating  and  incur- 
ring additional  indebtedness  in  such  district  or  city,  and  which 
voter  shall  have  paid  a  property  t;ix  in  such  district  or  city  in 
the  year  preceding  such  election,  shall  be  entitled  to  vote  at 
any  such  election.  Challenges  for  cause  by  any  quali- 
fied voter  shall  be  allowed  on  such  election,  and  promptly 
decided  by  the  judges  conducting  the  same. 

4596.  Canvass  of  vote.  Result.  -  Immediately  after  the 
closing  of  the  polls,  the  persons  appointed  to  conduct  the  elec- 
tion shall  proceed  to  count  and  canvass  the  ballots  cast  at  such 
election  and  make  returns  thereof  to  the  board  of  education, 
and  said  board  of  education  shall  within  five  days  after  such 
election,  meet  and  canvass  said  returns,  and  if  a  majority  of  the 
ballots  cast  at  such  election  are  in  favor  of  incurring  and  creat- 
ing such  additional  indebtedness,  then  the  board  of  education 
shall  cause  an  entry  of  that  fact  to  be  made  upon  the  minutes 
of  the  board ;  and  thereupon  said  board  of  education  shall  be 
authorized  and  directed  to  borrow  money  to  incur  and  create 
such  additional  indebtedness  as  shall  be  necessary  to  support 
and  maintain  the  schools  of  any  such  school  district  or  the 
schools  controlled  by  any  such  board  of  education,  for  the  cur- 
rent year  or  any  part  thereof,  to  the  amount  mentioned  in  the 
notice  calling  the  election,  at  such  rate  of  interest  as  may 
be  agreed  upon,  issuing  the  negotiable  notes  or  bonds  of  said 
district  therefor,  which  notes  or  bonds  shall  be  payable 
within  five  years  after  their  date ;  and  a  tax  shall  be  levied  and 
collected  upon  all  of  the  taxable  property  within  said  district 
sufficient  in  amount  to  pay  off  and  discharge  said  indebted- 
ness both  principal  and  interest  when  the  same  shall  become 
due.  Any  board  of  education  within  this  state  may  issue  ne- 
gotiable notes  or  bonds  of  the  district,  as  herein  provided,  to 
evidence  any  indebtedness  authorized  to  be  incurred  at  an  elec- 
tion heretofore  held  under  the  provisions  of  this  chapter;  and 
all  proceedings  and  elections  heretofore  held  under  the  pro- 
visions of  this  chapter  to  authorize  the  incurring  of  indebted- 
ness, and  all  notes  and  bonds  heretofore  issued  by  any  school 
district  to  evidence  such  indebtedness,  are  hereby  validated  and 
confirmed;  provided,  however,  that  where  provision  has  not 
been  made  for  the  payment  of  such  indebtedness,  a  tax  shall 
be  levied  and  collected  upon  all  taxable  property  within  the 
district  sufficient  to  pay  and  discharge  such  indebtedness,  both 
principal  and  interest,  when  the  same  become  due. 

Am'd    '21,  Ch.  100. 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

CHAPTER  10. 

COUNTY  SCHOOL  DISTRICTS  OF  THE  FIRST  CLAS 

4597.  How  county  school  districts  of  the  first  class  are 
constituted.  Each  county  within  the  state  shall  constitute  a 
county  school  district  of  the  firsl  class;  provided  thai  existing 
county  school  districts  of  the  first  class  shall  continu  such 

county  school  districts  of  the   first  class.     Upon  the  creation 
of  any  county  school  district  of  the  first  class  through  the 
mation  of  a  \w\\  county  or  through  any  other  cause,  the  county 
commissioners  of  the  county  in  which  such  distrid   is  located 
shall  within  sixty  days  after  the  creation  of  such  distrid  de- 
signate the  name  by  which   such   district   shall   be  known  and 
shall   divide   such    districi    into,    five   representative    precincts 
in  the  manner  set  forth  in  Section  4599,  and  shad  appoinl   a 
member  of  the  board  of  education   from   each   representative 
precinct  to  serve  on  the  district   board  of  education  until  his 
successor  shall  be  duly  elected  and  shall  have  qualified;  pro- 
vided, that  in  case  a  city  school  district  shall  be  made  a  county 
school  district   of  the   first    class,  the  members  of  the  board 
of  education  of  such   city  school   district    shall   become  mem- 
bers of  the  hoard   of  education   of  the  county  school   district. 
and  serve  during  the  terms  for  which  they  have  been  elected. 
If  through  the  change  of  a  county  boundary  line  or  through 
any  other  cause,  one  or  more  school  representative  precincts 
are  taken  from  a  county  school  district  of  the  first  class,  the 
comity  commissioners  in  the  county  in  which  such  district  is 
located  shall,  within  sixty  days  after  such  change,  divide  such 
county  school  district  into,  five  school  representative  precincts 
according  to  the  manner  se1  forth  in  Section  1">99.      Am'd  '11. 
p.  267;  '13,  p.  184;  '15,  p.  98;  '21,  Ch.  101. 

4598.  Schools  therein  to  be  free.  Under  direction  of 
board.  In  each  district,  subject  to.  the  provisions  of 
this  chapter,  the  public  schools  shall  be  free  to  all  children 
between  the  ages  of  six  and  eighteen  years.  All  public  schools 
and  school  property  therein  shall  be  under  the  direction  and 
control  of  the  board  of  education.       '05,  p.  129. 

4599.  Board  of  education,  how  constituted.  School  pre- 
cincts. The  board  of  education  of  each  county  school  dis- 
trict of  the  first  class  shall  consist  of  five  members,  one  mem- 
ber to  be  elected  from  and  by  each  of  said  precincts.  The 
board  of  county  commissioners  in  which  such  county  school 
district  is  located  shall,  during  the  month  of  October,  1921, 
and  every  ten  yea  in  thereafter,  divide  the  dis  unto  five 
representative  school  precincts,  and  thereafter  members  of  the 
board  of  education  shall  be  elected  in  accordance  with 
redisricting-.    l\'  by  reason  of  such  redisricting  the  boundary 


24  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

lines  of  any  representative  precinct  are  so  changed  that  the 
member  of  the  board  from  such  precinct  becomes  a  non-resi- 
dent thereof,  then  and  in  that  event  such  member  shall  be  per- 
mitted to  retain  his  membership  during  the  term  for  which  he 
was  elected.     Am'd   '13,  p.  184;   '15,  p.  99;   '21,  Ch.  101. 

4600.  Members  of  board,  how  elected.  Must  qualify. 
There  shall  be  elected  in  the  county  school  districts  of  the  first 
class,  on  the  first  Wednesday  in  December,  1908,  one  member 
of  the  board  from  each  odd  numbered  school  representative 
precinct  or  district  for  a  term  of  two  years,  and  at  the  same 
time  one  member  of  the  board  from  each  even  numbered  school 
representative  precinct  or  district  for  a  term  of  four  years. 
On  the  first  Wednesday  in  December,  1910,  and  every  four 
years  thereafter,  there  shall  be  elected  one  member  of  the 
.board  from  each  odd  numbered  school  representative  pre- 
cinct or  district  for  a  term  of  four  years,  and  on  the  first 
Wednesday  in  December,  1912,  and  every  four  years  thereafter, 
one  member  of  the  board  from  each  even  numbered  school 
representative  precinct  or  district  for  a  term  of  four  years. 
Where  any  county  school  district  of  the  first  class  exists  or  may 
be  created,  the  board  of  county  commissioners  shall  appoint 
the  members  of  the  board  of  education,  to  serve  until  the  next 
election  provided  for  in  this  section,  and  until  their  successors 
are  duly  elected  and  qualified ;  provided,  that  where  there  have 
been  designated  three  trustees  for  the  entire  district,  each  one 
being  from  a  school  representative  precinct,  then  these  are 
constituted  members  of  the  board  of  education  until  the  next 
election,  and  the  board  of  county  commissioners  shall  appoint 
two  other  members,  one  from  each  unrepresented  representa- 
tive precinct;  but  where  two  or  more  trustees  are  from  one 
school  representative  precinct,  the  board  of  county  commis- 
sioners shall  designate  the  member  of  the  board  of  educa- 
tion. Members  of  the  board  of  education  in  a  county  school 
district  of  the  first  class  shall  qualify  by  taking  and  subscrib- 
ing the  constitutional  oath  of  office,  and  giving  bonds  to  the 
district  in  which  they  reside  in  such  sum  and  with  such  sure- 
ties as  the  board  of  county  commissioners  may  require  and 
approve,  conditioned  for  the  faithful  discharge  of  the  duties 
of  their  office,  the  oath  of  office  and  bonds  to  be  filed  with 
the  county  clerk.       '05,  p.  130;  '07,  p.  142. 

4601.  Must  qualify,  when.  Members  of  the  board  of 
education  shall  qualify  previous  to,  and  take  their  seats  at, 
the  first  regular  meeting  in  January  next  after  their  election, 
and  shall  serve  until  their  successors  are  duly  elected  and  qua- 
lified.      '05,  p.  130. 

4602.  Elections — conduct — candidates — powers  of  boards. 

Elections  for  members  of  the  board  shall  be  called  and  conduct- 
ed, and  the  canvass  of  returns  shall  be  made,  and  the  qualifi- 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  25 

cation  of  electors  shall  be  as  provided  in  the  general  registra- 
tion and  election  laws,  except  as  in  this  Section  hereinafter  pro- 
vided. There  mnst  be  at  least  one  voting  place  in  each  school 
representative  precinct.  It  shall  be  necessary  for  each  candi- 
date, or  at  least  five  citizens  in  behalf  of  the  candidate,  to  file 
with  the  clerk  of  the  board  of  education  not  less  than  fifteen 
days  next  preceding  the  day  of  election,  a  signed  statement  an- 
nouncing that  he  or  she  is  a  candidate,  and  said  clerk  shall 
immediately  thereafter  furnish  a  list  of  said  candidates  to  any 
citizen  who  may  call  upon  him  for  the  same.  Appointments 
of  judges  of  election  shall  be  made  by  the  board  of  education  at 
any  convenient  time  prior  to  the  day  of  election.  The  board  of 
education  shall  furnish  the  judges  of  election  at  every  polling 
place  with  a  sufficient  number  of  official  ballots  for  election 
purposes  and  shall  pay  all  other  lawful  and  necessary  expenses 
of  the  election.  The  election  shall  in  all  other  respects  be 
conducted  in  accordance  with  the  general  election  laws  of  the 
state.  The  board  of  education  shall  exercise  all  such  powers 
relative  to  school  elections  in  their  respective  districts  as  are 
conferred  upon  the  board  of  county  commissioners  in  other 
elections,  so  far  as  conformable  with  this  chapter.  '05.  p  130  • 
19,  Ch.  89;  '21.  Ch. 

4603.  Qualification  of  members  of  Boards — vacancies. 
Every  member  of  the  board  of  education  in  county  school  dis- 
tricts of  the  first  class  shall  be  and  remain  a  resident,  quali- 
fied, registered  voter  in  the  school  representative  precinct  from 
which  he  is  elected  or  appointed;  and  the  board  of  education 
is  hereby  required  to  fill  any  vacancy  that  may  occur  through 
non-residence  or  any  other  cause,  until  the  next  election  of  a 
member  of  the  board  in  the  precinct  where  such  vacancv  has 
occurred.       '05,  p.  131 ;  11,  p.  267 ;  19,  p.  278. 

4604.  Board  must  organize.  The  members  appointed  or 
elected  as  herein  provided  shall,  before  entering  upon  the  dis- 
charge of  their  duties,  take  and  subscribe  the  constitutional 
oath  of  office.  They  shall  organize  by  electing  from  their  num- 
ber a  president  and  vice-president,  whose  term  of  office  shall 
be  for  two  years,  and  until  their  successors  are  elected  and 
qualified.  They  shall  also  elect  a  clerk  and  a  treasurer,  who 
shall  be  registered  voters  in  the  school  district,  and  whose 
respective  terms  of  office  shall  be  two  years,  and  until  their 
successors  are  elected  and  qualified.       '05,  p.  131. 

4605.  Officer  may  be  removed  by  two-thirds  vote.  Any 
officer  appointed  or  elected  by  the  board  of  education  for  a 
specified  term,  as  provided  in  the  next  preceding  section,  may 
be  removed  from  his  office  for  cause  by  a  vote  of  two-thirds 
of  the  board.       '05,  p.  131. 


26    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4606.  Board  may  appoint  other  officers.  The  board  of 
education  shall  have  power  to  appoint  all  other  officers  that 
in  its  judgment  may  be  necessary  fully  to  carry  out  the  pro- 
visions of  this  chapter,  for  the  protection  and  improvement  of 
school  property,  and  for  the  promotion  of  the  interests  of  the 
schools,  and  remove  the  same  at  pleasure,  and  may  require  any 
such  officer  to  give  a  bond  to  the  board  in  such  sum  as  it  may 
prescribe.  The  oath  of  office  and  bond  of  the  clerk  shall  be 
filed  with  the  treasurer,  and  all  others  shall  be  filed  with  the 
clerk.       '05,  p.  131. 

4607.  Superintendent  of  schools  to  be  elected.  Term. 
Duties.  ..At  the  first  meeting  of  the  board  in  June,  1911,  and 
biennially  thereafter,  a  superintendent  of  schools  shallbe  elect- 
ed by  the  board,  who  at  least  shall  be  the  holder  of  a  life  di- 
ploma of  grammar  school  grade  and  who,  shall  subscribe  the 
constitutional  oath  of  office,  and  shall  enter  upon  his  duties 
on  the  1st  day  of  July  thereafter.  His  term  of  office  shall  be 
two  years,  and  until  his  successor  shall  be  elected  and  quali-' 
fied ;  provided,  that  until  the  date  herein  stated,  the  county 
superintendents  of  schools  shall,  as  such  officers,  perform  the 
duties  of  superintendent  of  schools  in  its  county  school  dis- 
tricts of  the  first  class  situated  in  the  county  of  which  he  is 
school  superintendent.  Said  superintendent  shall  attend  the 
convention  of  school  superintendents  provided  for  in  §  4524. 
'05,  p.  132;  '11,  p.  267-8. 

4608.  School  year.  Reports  to  board.  Reports  to  state 
superintendent.  The  school  year  shall  commence  on  the  first  day 
of  July  annually,  and  close  on  the  last  day  of  June  following. 
The  annual  reports  of  the  president,  the  superintendent,  and 
the  several  committees  shall  be  presented  to  the  board  at  or 
before  the  first  regular  meeting  in  August  of  each  year;  and 
the  financial  and  statistical  reports  of  the  board  for  the  past 
school  year,  containing  such  items  as  shall  be  required  by  law 
or  by  the  state  superintendent,  shall  be  forwarded  to  the  state 
superintendent  on  or  before  August  15th  of  each  rear.  Am'd 
.'21,  Ch.  103. 

4609.  Compensation  of  members  of  board.    The  members 

of  the  board  of  education  shall  fix  the  compensation  to  be  re- 
ceived for  their  services,  at  a  sum  not  to  exceed  $300  each  per 
annum,  and  traveling  expenses,  not  to  exceed  $100  each  per  an- 
num ;  provided,  that  the  compensation  of  members  of  the  board 
appointed  prior  to  any  election  of  members  as  named  herein 
shall  be  fixed  by  the  board  of  county  commissioners.  '05,  p. 
132;  '07,  p.  40. 

4610.  Annual  school  census.  Ages  of  persons  enumerated. 
The    board    of    education    shall     appoint     suitable     persons 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  2 


_< 


for  each  school  representative  precinct,  who  shall  act  as 
enumerators  for  school  population  for  said  precinct,  and  \ 
exevy  hous.'  therein  between  the  L5th  and  31s1  of  October  of 
each  year,  and  ascertain  and  enter  upon  the  lists  the  name  of 
every  person  residing  in  such  precind  who  on  October  3ls1 
of  that  year  shall  have  reached  the  age  of  six  and  shall  not  have 
reached  the  age  of  eighteen.  Provided,  that  all  children  be- 
tween said  ages  attending  other  than  the  district  or  public  high 
schools  outside  the  ddstrid  in  which  they  reside,  shall  be  enu- 
merated in  their  home  district.  Such  enumeration  lists  shall 
■contain  all  information  required  by  law,  and  such  other  infor- 
'mation  as  the  state  superintendent  or  the  board  of  education 
may  require.      Am'd  '21.  Ch.  103. 

4611.  School  census  report  to  state  superintendent. 
The  enumeration  lists  shall  be  filed  with  the  clerk 
of  the  board  as  soon  as  completed,  and  not  Later  than  the  iOth 
iday  of  November.  Immediately  thereafter  the  clerk  of  the 
board  shall  make  out  and  forward  to  the  state  superintendent  a 
statement  showing  the  number  of  school  age  residing  in  the 
district,  together  with  all  other  information  obtained  under  the 
provisions  of  the  next  preceding  section  that  may  he  required 
by  the  state  superintendent.       Am'd   '21,  Ch.  103. 

4612.  Duties  of  president  of  board.  It  shall  he  the  duty 
of  the  president  to  preside  at  all  meetings  of  the  board,  to  ap- 
point all  committees,  and  to  sign  all  warrants  ordered  by  the 
board  of  education  to  be  drawn  upon  the  treasurer  for  school 
moneys.  In  case  of  the  absence  or  disability  of  the  presi- 
dent, his  duties  shall  be  performed  by  the  vice-president. 
Am'd  '05,  p.  133. 

4613.  Clerk  of  board  must  qualify.    Before  entering  upon 

the  discharge  of  his  duties,  the  clerk  shall  give  a  bond  to  the 
board  of  education  of  such  school  district  in  such  sum  as  said 
board  may  prescribe,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  conditioned  for  the  faithful  perform- 
ance of  his  duties,  and  shall  qualify  according  to  law.  '0-">,  p.  133. 

4614.  Duties  of  clerk  of  board.  It  shall  be  the  duty  of 
the  clerk  to  attend  all  meetings  of  the  board;  to  keep  an 
accurate  journal  of  its  proceedings,  and  have  the  care  and 
custody  of  the  seal,  records,  and  papers  not  otherwise  provided 
for;  to  countersign  all  warrants  drawn  upon  the  treasurer  by 
order  of  the  board;  to  keep  an  accurate  account  of  all  mone 
paid  to  the  treasurer  on  account  of  said  board  and  from  what 
source  received,  and  all  moneys  paid  on  orders  drawn  on  the 
treasurer  by  order  of  said  board;  and  to  prepare  and  submit 
to  the  board  an  annual  statement,  under  oath,  of  the  recei] 
and  disbursements  during  the  year  ending  Ju  ich 


28  S(  'IIOOL  LAWS  OF  THE  STATE  OF  UTAH 

statement  the  board  shall  cause  to  be  published  in  a  news- 
paper having  general  circulation  in  the  county,  showing: 

1.  The  amount  on  hand  at  the  date  of  the  last  report ; 

2.  The  amount  of  sinking  fund,  and  how  invested ; 

3.  The  moneys  paid  out,  to  whom,  and  for  what  paid ; 

4.  The  balance  of  school  moneys  on  hand; 

5.  The  number,  date,  and  amount  on  every  bond  issued 
and  redeemed  under  the  authority  herein  given,  and  the  amount 
received  and  paid  therefor. 

The  clerk  shall  perform  such  other  duties  as  the  board  and 
its  committees  may  require.  He  shall  receive  for  his  services 
such  compensation  as  the  board  may  determine.     '05,  p.  133. 

4615.  Treasurer  of  board  must  qualify.     Duties.     The 

treasurer  of  the  board  of  education  shall  subscribe  to  the  con- 
stitutional oath  of  office,  and  give  a  bond  |to  the  board  with 
sufficient  sureties  and  in  such  sum  as  the  board  may  require ; 
said  oath  and  bond  to  be  approved  by  the  board  and  filed 
with  its  clerk.  He  shall  be  the  custodian  of  all  moneys  belong- 
ing to  the  corporation  and  be  responsible  upon  his  bond  for 
all  moneys  received  by  him  as  treasurer.  He  shall  prepare  and 
submit  in  writing  a  monthly  report  of  the  receipts  and  dis- 
bursements of  his  office,  and  pay  out  school  moneys  only  upon 
a  warrant  signed  by  the  president,  or,  in  his  absence  or  dis- 
ability, by  the  vice-president,  countersigned  by  the  clerk,  and 
shall  perform  such  other  duties  as  the  ,board  may  require.  The 
treasurer  shall  receive  for  his  services  such  amount  as  the 
board  of  education  may  fix  and  determine.  The  board  may  re- 
quire the  treasurer  to  keep  his  office  and  records  in  the  office 
of  the  board.       '05,  p.  134. 

Premium    on    bond    paid,    §    4500. 
Funds   to  draw   interest   and   how  de- 
posited,  §4500. 

4616.  Board  a  body  corporate.  Members  of  board  and 
clerk  may  administer  oaths.  The  board  of  education  of  any 
such  county  school  district  of  the  first  class  shall  be  a  body 

corporate  under  the  name  of  "The  Board  of  Education  of 

School  District"  (inserting  the  proper  name),  and  shall  have 
an  official  seal  conformable  to  such  name,  which  shall  be 
used  by  the  clerk  in  the  authentication  of  all  matters  requiring 
it.  Said  board,  in  the  name  aforesaid,  may  sue  and  be  sued; 
may  take,  hold,  lease,  sell,  and  convey  real  and  personal  prop- 
erty, as  the  interests  of  the  school  may  require.  The  members 
of  the  board  and  the  clerk  thereof  shall  have  the  power  and 
authority  to  administer  oaths  in  proof  of  claims  against  said 
corporation,  and  no  claim  or  account,  except  salaries  of  (teach- 
ers and  janitors,  shall  be  audited  or  allowed  bv  the  board  of 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  29 

education  unless  the  correctness  of  the  same  shall  be  verified 
under  oath.       '05,  p.  lo4. 

4617.  Powers  of  board.  The  board  of  education  shall 
have  the  power  and  authority  to  purchase  and  sell  schoolhouse 
sites  and  improvements  thereon;  to  construct  and  erect  school 
buildings  and  to  furnish  the  same;  to.  establish,  locaje,  and 
maintain  kindergarten  schools,  common  schools,  consisting  of 
primary  and  grammar  grades,  high  schools,  and  industrial  or 
manual  training  schools;  to  establish  and  support  school  li- 
braries; to  purchase,  exchange,  repair,  and  improve  the  high 
school  apparatus,  hooks,  furniture,  fixtures,  and  all  other  school 
supplies  in  said  schools.  It  shall  supply  and  loan  to  pupils  in 
the  several  grades  and  departments  <>f  said  schools,  except 
the  high  school,  free  of  charge,  all  text  books  and  supplies  used 
by  the  pupils  of  said  schools;  it  shall  have  the  power  to  sell  to 
pupils  in  the  several  grades  and  departments  of  said  schools, 
at  cost,  all  text  books  and  supplies  used  by  the  pupils  of  said 
schools  to  collect  all  books  and  apparatus  loaned  to  the  pupils  of 
the  public  schools  of  any  such  school  district  of  the  first  class,  or 
damages  for  the  loss,  injury,  or  destruction  of  the  same:  to  as- 
sign to  the  State  Normal  School,  for  the  purpose  of  illustrating 
instruction  in  the  practice  school  connected  therewith,  a  suffi- 
cient number  of  pupils  of  appropriate  grades,  and  reimburse 
the  State  University  or  State  Normal  School  for  the  instruction 
of  such  pupils  at  rates  per  pupil  not  exceeding  the  average 
cost  of  instruction  per  pupil  in  the  public  schools  of  the  district 
as  ascertained  for  each  year:  to  do  all  things  needful  for  the 
maintenance,  prosperity,  and  success  of  the  schools,  and  the 
promotion  of  education:  to  adopt  by-laws  and  rules  for  the 
procedure  of  the  board  of  education,  and  make  and  enforce  all 
needful  rules  and  regulations  for  the  control  and  management 
of  the  public  schools  of  the  district.         '05,  p.  134. 

Duties  in  order  to  participate  in  state  ren,    §§    1860,    1869. 

high    school    fund.    §5    4575-4582.  board   has   a    discretion  in  d 

May    employ    physician,    §    4550.  mining    where    school    shall    be   held   and 

School    houses    as    civic    centers,     §§  in   regulating  such   mattei 

4551-4554.  hop  v.  Morehouse,  38  D".  234;   112 

•it    permits    for    child-  P.   169. 

4617x.  Petition  of  taxpayers — establishment  of  school — 
conditions.  Whenever  a  majority  of  the  taxpayers  of  any 
voting  precinct  or  precincts  having  a  school  population  of  not 
less  than  1200,  within  any  county  school  district  of  the  first 
class  shall  petition  the  Board  of  Education  for  the  establish- 
ment and  maintenance  of  a  high  school  within  such  precinct 
or  precincts,  the  Board  of  Education  shall  establish  within  the 
territory  (unbraced  in  such  precinct  or  precincts,  within  one 
year  thereafter,  a  standard  high  school:  provided,  that  the  jun- 
ior and  senior  years  of  such  high  school  may  not  he  established 
until  the  number  of  students  in  such  years  justify  such  estab- 
lishment as  recommended  by  the  State  Board  of  Education; 


30    SCHOOL  LAWS  OP  THE  STATE  OF  UTAH 

provided,  further,  that  no  petition  shall  be  considered  from 
fljny  precinct,  any  part  of  which  is  within  five  miles  of  an 
established  high  school  and  that  no  such  high  school  shall  be 
located  within  twelve  miles  of  any  existing  high  school;  and, 
provided,  further,  that  the  provisions  of  this  Aft  shall  not  be 
construed  to  prevent  the  establishment  of  high  schools  by 
boards  of  education  independent  of  petition. 

4618.  Restrictions  on  sale  of  school  property.  No  school 
sites  or  buildings  shall  be  sold  or  conveyed  by  the  beard  of 
education,  except  on  resolution  of  the  board,  duly  adopted  at  a' 
regular  or  duly  called  meeting,  and  not  then  without  the  af- 
firmative vote  of  at  least  two-thirds  of  all  the  members  of  the 
board.       '05,  p.  135. 

4619.  Trustees  of  former  districts  to  convey  property  to 
board  of  education.  Upon  tlm  appointment  or  election  and 
qualification  of  a  board  of  education  for  a,ny  county  school 
district  of  the  first  class,  the  trustees  of  all  school  districts 
formerly  existing  in  said  county  school  district  of  the  first  class 
shall  convey  and  deliver  all  the  school  property  in  said  dis- 
tricts to  the  board  of  education  of  said  county  school  district 
of  the  first  class ;  and  the  title  of  all  such  property,  and  all 
property  hereafter  acquired  for  school  purposes  in  said  dis- 
trict, shall  be  conveved  to  and  vested  in  said  hoard  of  educa- 
tion,  for  the  use  of  the  district  schools  of  foul  district;  and 
all  rights,  claims,  and  causes  of  action  to  or  for  said  property, 
or  the  use  or  income  thereof,  or  for  any  conversion,  disposi- 
tion, or  withholding  thereof,  or  for  any  damage  or  injury  there- 
to, shall  at  once  vest  in  the  board  of  education  of  said  district, 
in  trust  for  the  use  of  the  district  schools  of  the  district,  and 
said  board,  in  the  name  aforesaid,  may  bring  and  maintain 
actions  to  recover,  protect,  and  preserve  the  property  and 
rights  of  the  district  school,  and  to  enforce  any  contract  re- 
lating thereto,  and  in  its  said  name  may  sue  anebbe  sued  in  any 
court  of  law  or  equity.  And  all  outstanding  debts  and  obli- 
gations of  any  such  school  district  shall  be  paid  by  said  board 
of  education.        '05,  p.   135. 

4620.  Teachers'  examinations.  Course  of  study.  Exami- 
nations for  teachers  in  country  school  districts  of  the  first 
class  shall  he  conducted  by  the  state  board  of  education.  Such 
districts  shall  follow  the  state  course  of  study,  and  shad  use 
the  text  hooks  adopted  bv  the  state  text  book  commission. 
'05,  p.  136;   '13,  p.  185. 

1  i    iina1  ions   and   certificates, 

§§    4506.    4684. 

4622.  School  property  exempt.  All  property,  real  and 
personal,  held  by  the  board  of  education  shall  be  exempt  from 
general   and  special   taxation,  and  from  all  local  assessment's 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  31 

for  any  purpose,  and  shall  no1  1"-  taken  in  anv  manner  for  debt. 
'05,  p.  136. 

4623.  Districts  to  receive  their  proportion  of  school  taxes. 
All  districts  organized  under  the  provisions  of  tliis  cha] 
shall  receive  their  pro  rata  share  of  any  state  taxes  levied  for 
the  support  of  district  schools  or  any  funds  thai  may  be  real- 
ized from  any  source  which,  under  the  operation  of  law,  are 
required  to  be  divided  pro  rata  for  the  benefil  of  children  of 
school  age  residing  in  the  slate.      '05,  p.  136. 

4624.  Levy  in  county  school  districts  of  the  first  class. 
Limit.  The  board  of  education  shall,  on  or  before  the  1st  <\ny 
of  May  of  each  year  prepare  a  statement  and  estimate  of  the 
amount  necessary  for  the  support  and  maintenance  of  the 
schools  under  its  charge  for  the  school  year  commencing  on 
the  1st  day  of  July  next  thereafter,  and  for  the  purchase  of 
school  sites  and  the  erection  of  school  buildings,  also  the 
amount  necessary  to  pay  the  interest  accruing  during  such 
year,  and  not  included  in  any  prior  estimates  on  bonds  issued 

by  the  said  hoard;  also  the  amount  of  sinking  fund  n< ssary 

to  he  collected  during  such  year  for  the  payment  and  redemp- 
tion of  said  bonds;  and  shall  forthwith  cause  the  same  to 
certified  by  the  president  and  clerk  of  said  hoard  to  the  of- 
ficers charged  with  the  assessment  and  collection  of  taxes  for 
general  county  purposes  in  the  county  in  which  the  district 
is  situated,  and  such  officers,  after  having  extended  the  valua- 
tion of  property  on  the  assessment  rolls,  shall  levy  such  net- 
cent  as  shall,  as  nearly  as  may  he,  raise  the  amount  required 
by  the  board,  which  levy  shall  he  uniform  on  all  property  with- 
in the  said  district  as  returned  on  the  assessment  roll,  and  the 
said  county  officers  are  hereby  authorized  and  required  to 
place  the  same  on  the  tax  roll:  provided  that  districts  of  the 
first  (dass  existing  at  the  time  of  the  enactment  of  this  law, 
and  that  where  districts  not  existing  on  the  firsl  day  of  May 
shall  come  into  existence  by  the  second  Monday  in  July  in 
any  year,  the  time  of  preparing  the  statement  and  estimate 
above  named  shall  be  extended  to  the  third  Monday  in  July; 
and  any  levy  id'  special  tax  that  may  have  been  made  in  any 
distinct  abolished  or  superseded  by  the  creation  of  such  new 
district  shall  he  vacated.  Said  taxes  shall  he  collected  by  the 
county  treasurer  as  other  taxes  are  collected,  hut  withoul  ad- 
ditional compensation,  for  assessing  and  collecting,  and  he 
shall  pay  to  the  treasurer  of  said  hoard,  promptly  as  collected, 
who  shall  hold  the  same  subject  to  the  order  of  the  hoard  of 
education:  provided,  that  the  tax  for  the  support  and  mainten- 
ance of  such  schools  shall  not  r\<-<>c<]  in  any  one  year  En 
one-half  mills  on  the  dollar  upon  all  taxable  property  o 
district:  and  shall  not  1  one  ami  one-half  mills  additional 

on  the  dollar  in  one  year,  to  he  used  exclusively  for  the  pur- 


32  SCHOOL  LAWS  OP  THE  STATE  OF  UTAH 

chase  of  school  sites  and  the  erection  of  school  buildings,  but 
in  aase  any  funds  collected  for  support  or  maintainence  are 
not  used  within  the  school  year  for  which  they  were  raised, 
they  may  be  used  for  building  purposes;  provided,  further, 
that  the  board  of  education  in  each  county  school  district,  of 
the  first  class  shall  also,  on  or  before  the  first  Monday  in  May 
of  each  year,  furnish  the  board  of  county  commissioners  an 
estimate  in  writing  of  school  funds  needed  in  their  districts 
for  the  ensuing  year  for  the  payment  of  teachers,  of  expenses 
of  the  county  institute,  of  compensation  of  the  superintendent 
of  schools,  which  estimate  shall  be  taken  by  the  board  of  coun- 
ty commissioners,  as  required  by  Section  1864,  Compiled  Laws 
of  Utah,  1907,  or  in  lieu  thereof  when  there  is  no  county  super- 
intendent, as  a  basis  for  the  county  school  tax  levy  provided 
for  in  Section  eighteen  hundred  and  sixty-five,  Compiled  Laws 
of  Utah,  1907.       Am'd  '11,  p.  266. 

Sec.    4624    as    amended    by    Ch.    111.  F.   Stillman   et.   al.  (184  Pac.    195):    and 

Laws    of    Utah    '15.    is    unconstitutional  Bd.   of  Ed.   Carbon   Sch.  Dist.  vs.   Albert 

as    to   tax   limitations    therein   fixed.    See  Bryner  et.   al.    (192  Pac.   627). 
Bd.  of  Ed.     Granite  Sch.  Dist.  vs.  Chas. 

4625.  County  treasurer  to  pay  over  taxes.  The  respective 
county  treasurers  shall  pay  over  to  the  board  of  education  as 
fast  as  collected  or  realized  its  proportionate  amount  of  delin- 
quent taxes,  interest  and  costs  on  all  tax  sales  heretofore  or 
hereafter  made.         '05,  p.  137. 

4626.  Special  taxes  for  school  buildings  and  sites.  The 
board  of  education  may,  at  the  annual  school  election  or  at 
a  special  election,  in  its  discretion,  submit  to  the  voters  of  the 
district  the  question  of  levying  a  special  tax  not  to  exceed  1 
per  cent  of  all  the  taxable  property  in  the  district,  for  one  or 
more  years,  to  buy  sites,  build  and  furnish  school  houses,  or 
improve  the  school  property  under  its  control.  If  the  voters 
declare  in  favor  of  such  tax,  it  shall  be  levied  and  collected  as 
other  school  taxes,. and  the  board  of  education  may  applv  any 
money  available,  raised  from  taxation,  to  the  building  of  or  the 
improvement  of  the  school  property  under  its  charge.  The 
board  of  education  shall  give  such  reasonable  notice  of  such 
submission  as  it  may  deem  proper,  and.  if  submitted  at  a  spe- 
cial election,  may  follow  the  procedure  so  far  as  applicable  for 
the  issuance  of  bonds;  provided,  all  school  twxes  voted  by  the 
board  of  education,  or  by  a  special  meeting  called  for  that 
purpose,  shall  be  computed  on  the  valuation  of  the  county  as- 
sessment roll  for  such  year,  and  shall  be  voted  on  or  before  the 
1st  day  of  May  of  any  year,  and  within  twenty  days  thereafter 
the  board  shall  make  certified  returns  of  the  per  cent  of  the 
taxes  so  voted  to  the  county  auditor  and  the  county  assessor, 
who  shall  acknowledge  receipt  of  the  same.  The  county  as- 
sessor shall  assess  for  each  special  tax,  at  the  time  and  manner 
provided  by  law  for  assessing  state  and  county  taxes,  and  shall 


SCHOOL  LAW--  OF  THE  STATE  OF  I'TAII  33 

give  to  The  distrid   school  taxpayers  similar  notices  to  thi 

which  are  required  by  lav    to  1"'  given  the  taxpayers  ol 

and  county  taxes.    The  off]  arged  with  the  collecti 

special  school  I  shall  pay  to  the 

of  the  school  di  in  which  the  same  is  collected,  mak 

payments  of  thi  collected  a1   the  end   oi 

month.    On  the  day  of  De 

roll,  he  shall  complete  the  payment  o 

upon  sue!)  r  rther,  all  school 

and  assessed  under  the  provisions  of  this  cl 

due  and  delinquent  a1  th  and  b  ;ol- 

lected  by  the  sami  nd  in  thi  er,  and  shall 

attach  to  and  b<  a- lien  on  real  and 

jed  at  the  same  and  ci  Am  'd   '15,. 

p.  100. 

4627.  Special  election  for  bending:  district.  The  hoard  of 
education  may.  when  in  its  judgmenl  it  is  advisable,  or  shall, 
when  petitioned  by  a  majority  of  the  resident  taxpayers  of  | 
school  district,  as  appears  by  the  comity  it  roll  of 
the  last  preceding  year,  cad  an  electii  n  in  ea  >re- 
sentative  precinct  of  the  distrid.  and  submit  to  tl  ers 
of  the  district  whether  bon  ;uch  district  -had  be  issued 
and  sold  for  the  purpose  of  raising  money  for  pure]  >ol 
sites,  for  building  or  purchasing  md 
supplying  the  same  with  furniture  and  -  y  apparal 
for  improving  the  grounds,  and  for  the  refunding  and 
redemption  of  all  or  any  portion  of  any  bonds  out- 
standing in  any  such  district.       '05,  p.  138. 

Bond    elections    generally,     §§     4590- 
4596. 

4628.  Election,  how  called.    The  cvided  for  in 
the  preceding  se<  tion  shall  be  called  by  publish] 

than  ten  days,  a  notice  signed  h;.  nt  and  clerk  of 

the  board     ;  education,  in  a  newspaper  having 
culation  in  the  school  district,  and  by 

polling  places  in  each  'is- 

trict   for  the  same  length   i  lec- 

tion.    The  hoard  of  education  before  any  noti  ied 

or  posted,  shall  appoinl  ^n- 

tative  district  to  conduct  the  bond  in  provided  for, 

who  shall  take  and  subscribe  an  oath  of  office,  and  who  shall 
make  returns  thereof  to  the  board  as  herein  provided.  Such 
notice  shall  contain: 

1.  The  time  and  place  of  holding  same; 

2.  The  names  of  the  judg  each  polling  place  to  con- 
duct  the   same  : 

3.  The  time  during  which  the  polls  will  remain  open; 


S4    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  years,  not  exceeding  twenty, 
the  whole  or  any  part  of  said  bonds  are  to  rim. 

In  case  it  shall  become  necessary  in  a  county  school  dis- 
trict of  the  first  class  to  incur  additional  indebtedness  as  pro- 
vided in  §  4591,  the  election  therefor  shall  be  called  and  con- 
ducted as  prescribed  in  this  section,  except  that  the  fourth 
subdivision  required  herein  in  the  notice  shall  specify,  instead 
of  the  amount  and  denomination  of  the  bonds,  etc.,  the  amount 
of  indebtedness  which  the  board  proposes  to  incur  or  create, 
and  for  what  purposes.       '05,  p.  138. 

4629.  Form  of  ballot.  The  ballot  used  at  such  election 
shall  be  furnished  by  the  board  of  education,  and  shall  express 
upon  its  face  the  questions  the  board  desires  to  submit  to  the 
taxpayers.  No  informalities  in  conducting  such  election  shall 
invalidate  the  same,  if  it  shall  have  been  otherwise  legally  con- 
ducted.        '05,  p.  139. 

4630.  Qualifications  of  electors.  Every  registered  voter 
residing  in  any  school  representative  district  in  which  any 
election  is  held  for  the  purpose  of  determining  the  question 
of  issuing  bonds  for  such  school  district,  and  who  shall  have 
paid  a  property  tax  therein  in  the  year  preceding  such  elec- 
tion, shall  be  entitled  to  vote  at  any  such  election.  Challenges 
for  cause  by  any  qualified  voter  shall  be  allowed  at  such  elec- 
tion, and  promptly  decided  by  the  judges  conducting  the  same. 
'05,  p.   139. 

4631.  Canvass  of  votes  cast.  Returns.  Statement  to  be 
filed  with  county  clerk,  immediately  after  the  closing  of  the 
polls,  the  persons  appointed  to  conduct  the  same  shall  proceed 
to  count  and  canvass  the  ballots  cast  at  such  election,  and 
make  returns  thereof  to  the  board  of  education  ;  and  said 
board  shall,  within  five  days  after  said  election,  meel  and 
canvass  said  returns,  and  if  a  majority  of  the  ballots  cast  at 
said  election  are  in  favor  of  issuing  such  bonds,  Then  the  board 
shall  cause  an  entry  of  that  fact  to  be  made  upon  its  minul 
and  shall  immediately  file  with  the  clerk  of  the  county  in  which 
such  school  district  is  situated  a  certified  copy  of  the  order 
of  the  'hoard  Lueation,  and  certified  copies  of  the  notices 
published  or  posted,  calling  such  election,  with  an  affidavit 
showing  when  and  where  said  notices  were  published  or  posted, 
and  that  they  were  published  or  posted  as  required  by  law  and 
the  order  of  the  board  of  education.  The  board  shall  also  file 
with  said  clerk  a  statement  showing  the  approximate  number 
of  inhabitants  and  the  value  of  taxable  property  in  the  district; 
that  the  amount  of  bonds  proposed  to  be  issued,  including 
existing  indebtedness,  does  no,1  exceed  four  per  cent  of  the 
value  of  taxable  property  in  the  district;  that  the  election  at 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

which  the  question  of  issuing  bonds  was  submitted  was  law- 
fully called  and  held;  thai  all  pr< lings  in  relation  to  tin* 

proposed  issue  of  bonds  in  said  distrid  were  lawfully  conduct- 
ed, and  that  such  bonds  may  be  lawfully  issued  ;  and  thereupon 
said  board  of  education  shall  be  and  it  is  hereby  authorized 
and  directed  to  issue  the  bonds  of  such  distrid  to  the  number 
and  amount  voted  for  at  such  election.  The  money  for  the  re- 
demption of  said  bonds,  and  the  payment  of  the  interest  there- 
on as  it  shall  become  due,  shall  be  raised  by  taxation  upon  the 
taxable   property   of   said    distrid  ivided,    that    the    total 

amount  of  bonds  so   issued,   including  existing   indebtedm 
shall  not  exceed  Tour  per  cent  of  the  taxable  property  of  I 
district,  as  shown   by  the  last  equalized   assessmenl    roll 
county  purposes.       '05.  p.  139;   '07.  p.  84. 

4632.  Denomination  of  bonds.  Interest.  Time.  The 
nomination  of  the  bonds  which  may  be  issued  under  the  pro- 
visions of  this  chapter  shall  be  $50  or  some  multiple  of  fifty 
not  exceeding  $1,000,  and  shall  bear  f  not  exceeding 
the  rate  of  five  per  cent  per  annum,  payable  semi-annually, 
or  annually,  in  accordance  with  interest  coupons  which  shall  be 
attached  to  said  bonds,  and  shall  be  made  payable  not  more  than 
twenty  years  from  their  date.  The  hoard  of  education  may  re- 
serve the  right  to  redeem  such  bonds,  or  any  of  them,  at  any 
time  after  five  years  from  their  issue.  Any  bonds  heretofore  au- 
thorized by  vote  of  any  school  district  remaining  unsold  may, 
in  the  discretion  of  the  board,  be  hereafter  issued,  to  bear  any 
rate  of  interest  not  exceeding  five  per  cent  per  annum,  pay- 
able annually  or  semi-annually.       '05,  p.  140. 

4633.  Form  of  bonds.  Whenever  any  bonds  -  led 
under  the  provisions  of  this  chapter,  they  shall  1"'  engraved, 
lithographed,  or  printed  on  bond  paper,  and  shal 

their  face  the  dale   of  their   issue,  the  amount   of  bond, 
what  purpose  issued,  also  the  time  and  place  of  payment  and 
rate  of  interest  to  be  paid.     They  shall  have  printed  upon  I 
margin  the  words,  "authorized  by  ad    of  the  1<  ire  of 

the  state  of  Utah,  A.  D.  1897,  and  all  supplemental  and  amen- 
datory "  and  upon  the  back  of 

a  certificate,  signed  by  the  county  clerk,  in  si  tially  the 

following  form : 

I  certify  that  the  within  bond  is  issued  in  a  ith 

law,  and  is  within  the  debt  limit  permitted  by  the  co.i  ion 

and  laws  of  the  of  Utah,  and  in  with  a  vote 

of  the  taxpayers  of  1  distrid  of - 

county,  state  of  Utah,  at  an  election  held  on  the 

day  of 19 ,  authorizing  bonds  to  the  amount  of 

dollars. 


36  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

They  .shall  be  signed  by  the  president  and  clerk  of  the 
board  of  education  and  countersigned  by  the  treasurer  thereof, 
and  there  shall  be  entered  in  a  book  to  be  kept  by  the  clerk 
for  that   ■  e  the  number,  date,  and  denomination  of  the 

bo>  and  the  date  -when  the  same  shall  become  due. 

'05,  p.  140. 

Certification  '.rids    ar>  I    limit,     ?§    466-469. 

4634.  Board  may  sell  bonds.     Whenever  any  bonds  are 

issued  under  the  provisions  of  this  chapter,  the  board  of  edu- 
cation shall  have  authority  to  neg  ■  and  sell  such  bonds 
to  the  hi<  bidder.  No  contingent  bid  shall  be  received, 
and  every  bid  shall  be  accompanied  by  a  ied  check  of 
five  p  as  a  forfeit,  payable  to  '  ler  of  the  board  of 
education.  The  board  may  reject,  any  or  all  bids.  The  pro- 
ceeds shall  be  used  exclusively  for  +he  purpose  for  which  they 

p.  140. 

4635.  Redeemed  bonds — refunding — validity — objections 
— procedure — consolidated  districts.       Whenever  any  of  the 
boj  district  -   all   have  been  redeemed  or  pur- 
chased by  the     Board     of    Education,     they     shall    be     can- 
ed by  writing  or  printing  in  red  ink  eh  bond  and 

coupon  the  word-.  "Paid  and  cancelled  ;"  and  the  date  of  pay- 
ment and  amount  paid  shall  be  entered  in  the  clerk's  register 
against  the  number  of  the  bond  he  bond  and  coupons 

so  cancelled  shall  be  filed  in  the  office  of  the  clerk  of  the  board 
and  pr  ok  to  be  kept  for  that  purpose.    Any  bond 

or  bonds  heretofore  or  hereafter  sumed,  through 

consolidation  or  otherv  ise,  by  any  board  of  education  or  school 
trict  may  be  refunded  at  any  t:  i  ird  or  school 

distrid  a  a  lower  rate  of  inter  r  terms  can  be 

obtained,  or  to  provide  means  for  the  payment  of  maturing 
.  and  the  ]  tons  shall  not  apply. 

W  "  bo   d  advisable  b  board   of 

educati  r  of  ai  h  bond  or  -  may  be  de- 

termined  in  the  following  manner:  The  B  of  Education 

shall   e  hed  once  a  wei  two  s  ive 

ed   in  said   school   district,  or  if 
there  be  i  .  then  sting  for  a  like  period 

in  three  public  and  conspicuous  places  in  said  district,  a 
notice  d<  with    sufficient    particularity     for     identi- 

fication the  bond  or  bond';  intended  to  be  refunded,  and  re- 
quiring any  and  all  persons  objecting  to  the  legality,  regular- 
ity, or  validity  of  said  bond  or  bonds,  or  of  the  jssne  or  sale 
thereof,  or  of  the  indebtedness  represented  thereby,  to  be  and 
appear  before  such  Board  of  Education  at,  a  specified  place 
within  said  district  on  a  specified  day  and  time,  which  shall  not 
be  less  than  fourteen  nor  more  than  sixty  days  after  the  first 
publication  of  said  notice  then  and  there  to  present  in  writing, 


-  HOOL  LAWS  OF  THE  STATE  OF  UTAH 

duly  certified,  such  objection  as  he  or  th<  the  le- 

gality, regularity,  or  validity  of  said  bond  or  bonds,  the 
or  sale  thereof,  or  the  indebtedne  id  thereby,   i 

Board    of   Education   shall    convene 'al    the    time    ■m<l    ph. 
specified  in  said  notice  and  receive  all  i  that  a 

presented   as   aforesaid,   which   shall   thereupon   b  ind 

preserved  by  said  Board  of  Education.  If  no  such  writ! 
jections  are  presented  at  the  time  and  placi  lid 

notice,  the  Board  of  Education  shall  thereupon  so  certify 
all  persons  shall  thereafter  be  >m  qu 

ing  in  any  manner  or  proceeding,  the  legality,  regularity, 
validity  of  such  bond  or  bonds,  or  of  the  issue  or  sale  tl 
or  of  the  indebtedness  represented  thereby,  and  said  Board  of 
Education  may  thereupon  refund  or  redeem  said  bond  or  bond-. 

Any  person  filing  any  such  written  objection  shall,  with- 
in twenty  days  thereafl   r,       tnmence  appropriate  Legal  pro- 
ceedings against  said  Board  of  Education  and  such  other  | 
son  or  persons  as  may  be  proper  parties,  in  the  district  court 
for  the  county  and  district  wherein  said  jel   >ol  district  is 
uated,    to    challenge    and    determine    the    legality,    regularity 
and  validity  of  such  bond  or  bonds,  of  the  issue  and  Bale  there- 
of, and  of  the  indebtedness  represented  thereby.     The  ef" 
of  a  failure,  for  any  cause  whatever,  to  eomm  rach  Legal 

proceedings  within   said   twenty   days,   shall    be  the   same 
though  no  such   objection  had   been   presented   or  filed,   and 
upon  proof  of  such  failure  by  certificate  of  the  clerk  of  said 
court  or  otherwise,  said  Board  of  Education  may  refund   or 
redeem  said  bonds. 

Bonds  may  also  be  issued  by  a  consolid 

without  an  election,  for  the  funding,  pure1  ion 

of  the  outstanding  indebtedness  of  any  such  ool 

district  provided  such  debt  was  contracted    prior   I  la- 

'tion  and  was  assumed  by  such  3trict  pur- 

suant to  law.    The  legality,  regularity,  and  validity  of  any  such 
outstanding  indebtedness  may  be  determined  in  the  manner 
herein  above  set  forth  for  determining  the  validity  of  bonds 
be  refunded  by  any  Board  of  Education.    Am'd  '05,  p.  141 ; 
P.  2? 

4636.     Interest  and  sinking  fund.    The  I 
in  its  annual  estimate  and  levy  provided  for  in  this  chapl 
shall  include  an  amount  sufficient  to  pay  the  in- 
same  accrues  on  all  outstanding  bond-  I  by  tl 
also  to  create  a  sinking  fund  of  two  per  cent  of  the  pa 
outstanding  bonds  for  the  redemption  of  said  lall 
cause  a  tax  to  be  levied  and  collected  as                            in  this 
chapter,  and  such  money  shall  remain      -  all 
not  be  appropriated  or  us               any  otb  is 
hereinafter  provided.          ~.  p.  141. 


38  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4637.  Investment  of  sinking  fund.  The  moneys  levied 
and  collected  for  creating  a  sinking  fund  for  the  redemption 
of  the  bonds  issued  by  the  board  of  education  shall  be  used  as 
follows :  After  retaining  an  amount  sufficient  to  pay  the  prin- 
cipal of  the  bonds  maturing  during  the  year,  the  board  shall, 
with  the  surplus  of  the  sinking  fund,  invest  the  same  in  bonds 
of  the  state  of  Utah,  or  of  any  school  district,  town,  city,  or 
county  thereof,  or  of  the  United  States,  on  the  best  terms  to 
be  obtained,  until  such  time  as  it  may  be  needed  to  purchase 
any  outstanding  bonds  that  may  be  offered,  or  until  the  ma- 
turity of  any  such  bonds.       '05,  p.  141. 

Sinking  funds  may  be  invested,  §  5200 

4638.  Bonds  a  lien  on  property  of  district.  Bonds  issued 
under  the  provisions  of  this  chapter  shall  be  a  lien  upon  the 
taxable  property  of  the  school  district  issuing  them,  and  when 
the  board  of  education  neglects  or  refuses  to  levy  a  tax  in  ac- 
cordance with  law  to  meet  the  outstanding  bonds  or  the  in- 
terest thereon,  the  board  of  county  commissioners  of  the  county 
within  which  such  district  is  situated  shall  levy  such  tax  and 
apply  the  money  thus  collected  to  the  payment  of  such  bouds 
and  the  interest  due  thereon.       '05,  p.  141. 

4639.  Board  shall  advertise  for  bids  for  building-  school- 
houses.  Whenever  any  schoolhouse  is  to  be  built,  the  board  of 
education  shall  advertise  for  at  least  ten  days  in  some  news- 
paper published  in  the  county  for  sealed  proposals  for  building 
such  schoolhouse  in  accordance  with  the  plans  and  specifica- 
tions, which  shall  be  furnished  by  the  board  of  education  at 
its  office  or  at  the  office  of  the  architect,  stating  in  such  ad- 
vertisement or  notice  the  place  where,  and  the  day  and  the 
hour  when,  all  proposals  will  be  opened,  and  reserving  the 
right  to.  reject  any  and  all  proposals,  and  shall  require  a  cer- 
tified check  of  not  less  than  five  per  cent  of  the  amount  of 
the  bid  to  accompany  the  same,  which  check  shall  be  made 
payable  to  the  order  of  the  board  of  education,  and  the  check 
of  the  successful  bidder  shall  be  forfeited  in  case  he  fails  or 
refuses  to  enter  into  the  contract  and  furnish  the  bond  re- 
quired. At  the  time  and  place  specified  in  said  notice,  the 
board  shall  meet  and  publicly  open  and  read  all  the  proposals 
which  have  been  received,  and,  if  satisfactory  bids  have  been 
received,  shall  award  the  contract  to  the  lowest  responsible 
bidder,  and  shall  require  of  such  bidder  or  contractor  a  bond 
in  one-half  the  amount  of  the  contract,  conditioned  that  he  will 
properly  perform  its  conditions  in  a  faithful  manner  and  in 
accordance  with  its  provisons.  In  case  none  of  the  proposals 
are  satisfactory,  all  shall  be  rejected,  and  said  board  shall  ad- 
vertise anew  in  the  same  manner  as  before.  It  may  reauire 
in  the  contract  to  be  executed  that  at  least  twenty  per  cent  of 
the  contract  price  may  be  withheld  until  the  building  is  com- 


SCHOOL  LAWS  OF  THE  STATE  OF  I'TAII  39 

pleted  and  accepted  by  the  board.  Bu1  if,  after  twice  adver- 
tising as  provided  herein,  no  satisfactory  bid  is  received,  the 
board  may  proceed  under  its  own  direction  to  ereel  the  build- 
ing  required,  or  in  ease  of  a  building  no1  exceeding  $5,000  in 
cost,  if  no.  satisficatory  bid  is  received  at  the  first  notice,  the 
board  may  proceed  with  the  construction  as  it  may  determine; 
provided,  that  no  member  of  the  board  of  education  shall  be 
financially  interested  in  the  contract,  directly  or  indirectly, 
in  the  erection  of  any  school  building.       '05,  p.  142. 

Contractors  must  give  bond,   §§   3753,  it  will    be   presumed   that    the   bond    was 

3754.  require'd   of   and   furnished    by    the    con- 

This  section  does  not  apply  after  tlie  tractor  in  accordance  with  the  statute. 

contract   has  been   entered   into   and   the  Tooele    Bldg.    .'.    "       v.    Tooele    Ili^U 

bond    furnished,    and   after   the   board    of  School   Dist.,    43    I   .    372;    L34    P    894. 
education   had   entered   into   the   contract 

4640.  Parental  schools.  The  board  of  education  of  any 
county  school  district  of  the  first  class,  or  the  hoard  of  educa- 
tion of  any  tAvo  or  more  such  districts,  under  a  contract  to  be 
approved  by  each  of  such  hoards,  may  provide  for  the  estab- 
lishment and  maintenance  of  parental  schools,  and  for  the  sup- 
port and  education  of  the  inmates  thereof,  conformably  with 
the  provisions  of  this  chapter.       '05,  p.  14:2. 

Parental    schools    in    cities,    §§    47J1-  Detention   schools,    ?§    1875-1881. 

4729. 

4641.  Truants  may  be  committed  to  parental  schools. 
Any  child,  between  the  ages  of  eight  and  fourteen  years,  re- 
siding within  the  district  or  districts  maintaining  such  a  school, 
adjudged  guilty  of  being  a  habitual  truant,  or  of  wandering 
about  in  the  streets  and  public  places  of  said  district  or  dis- 
tricts without  lawful  employment  or  business,  may  he  com- 
mitted to  the  parental  school  provided  for  the  purpose,  for  a 
term  not  exceeding  beyond  the  age  of  fourteen  years.  '05,  p.  142. 

4642.  Truant  may  be  released.  Any  child  committed  as 
provided  in  the  next  preceding  section  may  he  released  from 
confinement  at  such  school,  either  conditionally  or  absolute- 
ly, before  the  expiration  of  the  terni  of  commitment,  in  accord- 
ance with  the  by-laws  established  by  the  hoard  or  boards  of 
education  maintaining  the  same.       '05,  p.  143. 

4643.  Neglected  children  may  be  committed  to  parental 
school.  Children  under  sixteen  years  of  age  who.  by  reason 
of  neglect,  crime,  drunkenness,  or  other  vices  of  parents,  or 
by  reason  of  orphanage,  are  suffered  to  grow  up  without  sal-  . 
utary  parental  control  and  education,  or  in  circumstances 
encouraging  them  to  lead  idle  and  dissolute  lives,  may  be  com- 
mitted to  the  proper  parental  school  for  a  term  not  extending 
beyond  the  age  of  sixteen  years.       '05,  p.  143. 

4644.  How  discharged.  When  the  parents  of  a  child 
committed  under  the  next  preceding  section  have  reformed 


40  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

and  arc  leading  orderly  and  industrious  lives,  and  are  in  a 
'condition  to  exercise  salutary  control  over  such  child,  and  to 
provide  him  with  proper  education  and  employment;  or  when, 
said  parents  being  dead,  any  person  offers  to  make  such  suit- 
able provisions  for  the  care,  nurture,  and  .education  of  such 
jchild  as  will  conduce  to  the  public  welfare,  the  board  of  edu- 
cation may  discharge  him  to  the  parents  or  such  other  person. 
'05,  p.  143. 

4645.  District  court  has  jurisdiction.  The  district  courts 
of  the  several  counties  shall  have  jurisdiction  within  their 
respective  counties  to  enforce  the  provisions  of  this  chapter, 
upon  such  notice  to  the  parents  or  guardians  of  the  children 
whom  it  is  proposed  to  commit  to  parental  schools  as  the 
court  may  deem  just  and  proper.       '05,  p.  143. 

4646.  Parents  pay  cost  of  children  in  parental  school. 

Any  board  or  boards  of  education  maintaining  a  parental 
school  in  accordance  with  §  4640  shall  estimate  and  determine, 
as  near  as  may  be,  the  average  actual  expense  per  month  of 
keeping  and  taking  care  of  the  boys  and  girls  who  may  be 
committed  to  the  parental  school,  and  the  average  cost  of 
keeping  such  boys  and  girls  shall  be  wholly  paid  by  the  par- 
ent -or  guardian  of  each  boy  or  girl  committed  to  the  school, 
unless  for  go,od  cause  said  board  or  boards  of  education  shall 
otherwise  order  and  direct.  The  board  of  education  of  the 
district  in  which  the  parent  or  guardian  of  any  such  com- 
mitted boy  or  girl  resides  may  bring  suit  to  enforce  this  pro- 
vision.      '05,  p.  143. 

4647.  Other  children  may  be  received  in  parental  school. 
On  the  tender  of  a  payment  which  will  meet  all  costs  of  support 
at  the  parental  school,  the  board  or  boards  of  education  main- 
taining such  school  may  receive  into  it  on  equal  terms  boys 
or  girls  whose  residence  is  in  the  state  outside  the  district  or 
districts  to  which  the  school  belongs.       '05,  p.  143. 

4648.  Truant  officer.  The  board  of  education  of  each 
county  school  district  of  the  first  class  may  appoint  and  fix 
the  compensation  of  a  truant  officer,  whose  duty  it  shall  be 
to  make  complaints  and  arrests  in  cases  contemplated  by  this 
chapter,  and  to  serve  legal  process  issued  by  courts  in  pur- 
suance hereof.  The  sheriff  of  the  county  shall  make  such 
truant  officer  a  deputy  sheriff  to,  serve  without  pay,  so  far 
as  the  sheriff's  office  is  concerned.       '05,  p.  143. 

Duty   under    employment    of    children 
act,   §    1864. 

4649.  County  superintendent's  office  vacant  in  certain 
cases.  When  a  county  of  the  first  class  is  so  organized  as  to 
school  districts  that  there  are  no  such  districts  therein,  other 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  11 

than  those  of  cities  of  the  first  or  of  the  second  class  and  coun- 
ty school  districts  of  the  Eirsl  class,  on  the  firsl  .Monday  in 
August  nf  any  year  in  which  then'  is  a  general  election  for 
county  officers,  then  no  county  superintendent  of  schools  shall 
be  elected  for  such   comity  at    thai    election,  and   the   off 

shall  become  and  remain   vacant    for  the  sue. ling  term  or 

terms,  as  the  case  may  be,  except  that  in  the  event  of  th 
being  no  election  for  county  superintendent  of  schools  in  the 
year  1906,  the  present  incumbent  shall  hold  office  till  the 
1st  day  of  July,  1907;  but  the  board  of  county  commissioners 
shall  fix  the  salaries  therefor,  as  required  by  law,  to  be  dis- 
tributed pro  rata  among-  school  superintendents  in  county 
school  districts  of  the  first  class,  as  provided  in  §  4624,  as  com- 
pensation for  services  in  whole  or  in  part,  as  such  compensa- 
tion may  be  fixed  by  the  board  of  education  of  the  district, 
no  other  compensation  than  that  fixed  by  the  board  of 
county  commissioners  to  come  out  of  the  general  school  fund 
of  the  county.  Where  there  is  no  county  superintendent  of 
schools  under  the  foregoing  provision,  then  the  county  auditor 
shall  make  to. the  school  districts  in  the  county  the  apportion- 
ment of  school  funds  provided  for  in  §  4565,  and  the  county 
treasurer  shall  pay  such  apportioned  funds  to  the  school  dis- 
trict treasurers  upon  the  warrants  of  the  county  auditor,  who 
shall  make  report  thereof  to  the  board  of  county  commis- 
sioners, and  to  the  state  superintendent,  as  provided  by  law. 
When  there  is  no  county  superintendent,  the  board  of  county 
commissioners  shall  arrange  the  county  teachers'  institutes  and 
designate  the  school  district  superintendent  in  the  county  which 
shall  take  charge  thereof.       '05,  p.  144. 

4650.  Registration  lists  to  be  furnished.  It  shall  be  the 
duty  of  the  county  clerk  to  furnish  to  boards  of  education  in 
county  school  districts  of  the  first  class,  at  least  five  days  pre- 
viousto  the  day  of  election  for  members  of  the  said  hoard, 
a  certified  copy  of  the  registration  list,  showing  the  names 
of  all  registered  voters  residing  in  the  election  district  covered 
by  such  school  districts.       :05.  p.  144. 

Registration     for     school     election, 
§§    2112,   2136,   2141. 


CHAPTER  11. 

SCHOOLS  IN  CITIES. 

4660.  This  chapter  applicable  to  cities  of  the  first  and  of 
the  second  class.  Control.  All  cities  of  the  first  and  of  the 
second  class  shall  be  governed  by  the  provisions  of  this  chap- 
ter.    The  public  school  system  therein  shall  be  controlled  by 


42    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

the  board  of  education  of  such  cities,  separate  and  apart 
from  the  counties  in  which  the  cities  are  located. 

County  school  districts  of  first  class,  Separate     maintenance     and     control, 

§§   4597-4650.  Con.   art.   10,   sec.   6. 

4661.  Each  city  a  school  district.  Control.  Each  city 
subject  to  the  provisions  of  this  chapter,  and  all  territory 
which  shall  hereafter  be  added  thereto,  shall  constitute  one 
school  district,  and  public  schools  therein  shall  be  free  to  all 
residents  thereof  between  the  ages  of  six  and  eighteen  years 
of  age,  and  of  children  within  the  required  age  whose  father, 
mother,  or  guardian  is  a  taxpayer  within  said  district.  All 
public  schools  and  property  therein  shall  be  under  the  direc- 
tion and  control  of  the  board  of  education. 

4662.  Membership  of  board  of  education.  The  board  of 
education  of  cities  of  the  first  class  shall  consist  of  ten  mem- 
bers, two  to  be  elected  from  and  by  each  municipal  ward ; 
and,  of  cities  of  the  second  class,  shall  consist  of  five  members, 
one  to  be  elected  from  and  by  each  municipal  ward. 

4663.  Election  of  members  of  board  in  cities  of  the  first 
class.  There  shall  be  elected  in  cities  of  the  first  class,  on  the 
first  Wednesday  of  December,  1897,  two  members  of  the  board 
from  each  municipal  ward,  one  for  the  term  of  one  year,  and 
one  for  the  term  of  three  years ;  and  in  1898,  and  biennially 
thereafter,  on  the  first  Wednesday  of  December,  one  member 
from  each  municipal  ward  for  the  term  of  four  years. 

4664.  Election  of  members  of  board  in  cities  of  the  sec- 
ond class.  There  shall  be  elected  in  cities  of  the  second  class, 
on  the  first  Wednesday  of  December,  1916,  one  member  of  the 
board  of  education  from  the  first  municipal  ward  for  a  term  of 
one  year;  one  member  from  the  second  municipal  ward  for  a 
term  of  two  years :  one  member  from  the  third  municipal  ward 
for  a  term  of  three  years;  one  member  from  the  fourth  muni- 
cipal ward  for  a  term  of  four  years ;  one  member  from  the 
fifth  municipal  ward  for  a  term  of  five  years,  and  thereafter 
there  shall  be  elected  annually  on  the  first  Wednesday  in 
December  for  the  term  of  five  years,  a  member  from  the  ward 
in  which  the  term  of  a  member  expires.        Am'd  '13,  p.  38. 

4666.     Election   of   Boards  in   city   districts — procedure. 

Elections  for  members  of  the  Board  shall  be  called  and  con- 
ducted, and  the  canvass  of  returns  shall  be  made,  and  the 
qualifications  of  electors  shall  be  as  provided  in  the  general 
registration  and  election  laws,  except  as  in  this  Section  here- 
inafter provided.  There  must  be  at  least  one  voting  place  in 
each  municipal  ward.  It  shall  be  necessary  for  each  candi- 
date, or  at  least  five  citizens  in  behalf  of  the  candidate,  to 
file  with  the  clerk  of  the  Board  of  Education  not  less  than 


SCHOOL  LAWS  OF  THE  STATE  OP  I'TAH  43 

fifteen  days  next  preceding  the  date  of  election,  a  signed 
statement  announcing  thai  he  or  she  is  a  candidate,  and  '-aid 
clerk  shall  immediately  thereafter  furnish  a  list  of  said  <-an- 
didates  to  any  citizen  who  may  call  upon  him  for  the  same. 
Appointments  of  judges  of  election  shall  be  made  by  the  Hoard 
of  Education  at  any  convenient  time  prior  to  the  day  of  elec- 
tion. The  Board  of  Education  shall  furnish  the  judges  of 
election  at  every  polling  place  with  a  sufficient  number  of 
official  ballots  for  election  purposes  and  shall  pay  all  other 
lawful  and  necessary  expenses  of  the  election.  The  election 
shall  in  all  other  respects  be  conducted  in  accordance  with 
the  general  election  laws  of  the  stale.  The  Board  of  Edu- 
cation shall  exercise  all  such  powers  relative  to  school  elections 
in  their  respective  cities  as  are  conferred  upon  the  Board  of 
County  Commissioners  in  other  elections,  so  far  as  conform- 
able with  this  chapter.      Ani'd  19,  p.  279;  '21,  Ch.  102. 

Elections    generally     S  S    2100-2424.  Registration    for    school    election! 

School    elections   generally,    5    4602.  2112,    2136,    2141. 

4667.  Qualification  of  members  of  board.  Vacancy. 
Every  member  of  the  board  of  education  in  cities  of  the  first 
and  of  the  second  class  shall  be  and  remain  a  resident,  quali- 
fied, registered  voter  in  the  municipal  ward  from  which  he  is 
elected,  and  the  board  of  education  is  hereby  required  to  fill 
any  vacancy  that  may  occur  through  non-residence  or  any 
other  cause,  until  the  next  election  of  members  of  the  hoard: 
and  in  case  the  board  of  education,  shall,  for  a  period  of  thirty 
days  after  such  vacancy  shall  occur,  fail  to  agree  upon  the 
election  of  a  member  to  fill  such  vacancy,  then  the  mayor  of 
the  city,  by  and  with  the  consent  of  the  city  council,  shall 
fill  such  vacancy  until  the  next  election;  provided,  that  any 
vacancy  occurring  previous  to  the  annual  election  having  an 
unexpired  term  shall  be  filled  for  such  unexpired  term  at 
the  first  school  election  thereafter,  and  the  ballots  shall  he  as 
follows  :  "To  fill  the  unexpired  term "       Am'd  ?07,  p.  202. 

4668.  Officers  .  Oath.  The  members  elected  as  herein 
provided  shall,  before  entering  upon  the  discharge  of  their 
duties,  take  and  subscribe  the  oath  of  office.  In  cities  of  tin- 
first  class  they  shall  organize  by  electing  from  their  number 
a  president  and  a  vice-president,  whose  term  of  office  shall 
be  for  two  years,  and  until  their  successors  are  elected  and 
qualified.  In  cities  of  the  second  class  the  member  having 
one  year  to  serve  shall  be  ex  officio  president  and  the  member 
having  two  years  to  serve  shall  be  ex  officio  vice-president. 
They  shall  aiso  elect  a  clerk  and  a  treasurer,  who  shall  be  re- 
gistered voters  in  the  scho.ol  district,  and  whose  respective 
terms  of  office  shall  be  two  years,  and  until  their  successors 
are  elected  and  qualified.        Am'd  13,  p.  39. 

Issue    emplovment    permits    for    child- 
ren,   §§    1860-1869. 


44    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4669.  Removal  of  officers.  Any  officer  appointed  or 
elected  by  the  board  of  education  for  a  specified  term  may 
be  removed  from  his  office  for  cause  by  the  vote  of  two-thirds 
of   the    board. 

4670.  Board  may  appoint  necessary  officers.  The  board 
of  education  shall  have  power  to.  appoint  all  other  officers 
that  in  its  judgment  may  be  necessary  fully  to  carry  out  the 
provisions  of  this  chapter,  for  the  protection  and  improve- 
ment of  school  property,  and  for  the  promotion  of  the  inter- 
ests of  the  schools,  and  remove  the  same  at  pleasure,  and  may 
require  any  such  officer  to  give  bonds  to  the  board  in  such 
sum  as  it  may  prescribe.  The  oath  of  office  and  bond  of  the 
clerk  shall  be  filed  with  the  treasurer,  and  all  others  shall  be 
filed  with  the  clerk. 

4671.  Election  of  superintendent.  Oath  and  bond.  At 
the  first  meeting-  of  the  board  in  June,  1898,  and  biennially 
thereafter,  a  superintendent  of  schools  shall  be  elected,  who 
shall  subscribe  an  oath  of  office,  and  shall  enter  upon  his  duties 
on  the  1st  day  of  July  thereafter.  His  term  of  office  shall  be 
two  years,  and  until  his  successor  shall  be  elected  and  qualified. 

Issue   employment   permits    for    child- 
ren,   §    1860-1869. 

4672.  School  year.  Reports.  The  school  year  shall  com- 
mence on  the  first  day  of  July  annually,  and  close  on  the  last 
day  of  June  following.  The  annual  reports  of  the  president, 
the  superintendent,  and  the  several  committees  shall  be  pre- 
sented to  the  board  at  or  before  the  first  regular  meeting  in 
August  of  each  year;  and  the  financial  and  statistical  reports 
of  the  board  for  the  past  school  year,  containing  such  items 
as  shall  be  required  by  law  or  by  the  state  superintendent,  shall 
be  forwarded  to  the  state  superintendent  on  or  before  August 
15th  of  each  year.       Am'd   '21,  Ch.  103. 

4673.  Compensation  of  members.  Penalty.  The  members 
of-  the  board  of  education  shall  fix  the  compensation  to  be  re- 
ceived for  their  services,  at  a  sum  not  to  exceed  $100  per  an- 
num. No  member  of  the  board  of  education  shall  take  any  con- 
tract, receive  appointment,  or  perform  labor  for  which  he 
shall  receive  payment  from  the  school  funds  or  in  any  way 
receive  compensation  other  than  the  salary  herein  provided. 
Any  violation  of  the  provisions  of  this  section  shall  be  deemed 
a  misdemeanor.      Am'd  '05,  p.  39. 

4674.  Annual  school  census.  The  board  of  education 
shall  appoint  suitable  persons  for  each  ward,  who  shall  act 
as  enumerators  for  school  population  for  said  ward,  and  visit 
every  house  therein  between  the  fifteenth  and  thirty-first  of 
October  of  each  year,  and  ascertain  and  enter  upon  the  lists 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH     15 

the   name   of   every    person    residing   in    such    ward    who   on 
October  thirty-first   of  that  year  shall  have   reached  tl 
of  six  and  shall  not  have  reached  the  age  of  eighteen.   !' 
vided,   thai    all   children   betwi  ther 

than  the  district  or  public   high  district 

in  which  thi  all  be  enumerated  in  their  home  dis- 

trict.    Such   enumeration  lists   shall  in   all    in  tion 

required    by    law,    and    sue! 
superintendent  or  the  board  of  education  i 

M  '21,  Ch.  103. 

4675.  Census  reports.  T  ration  lists  shall  be  filed 
with  the  cjerk  of  the  board  as  soon  as  completed,  and 
later  than  the  tenth  clay  of  November.  Immediately  there- 
after the  clerk  of  the  hoard  shall  make  out  and  forward  to 
the  state  superintendent  a  statement  showing  the  number  of 
children  of  school  age  residing  in  the  district,  together  with  all 
other  information  obtained  under  the  provisions  of  the  next 
preceding  section  that  mav  be  required  by  th  superin- 
tendent.     Am'd  '21,  Ch.  1<> 

4676.  Duties  of  president  defined.     Vice-president.     It 
the  duty  of  the  president  to  preside  a1  all  meeti 

of   the    board,    to    appoint    all    commitl 

warrants  ordered  by  the  board  of  education  to  be  drawn  upon 
the  treasurer  for  school  moneys.  In  case  o£  the  absenc  dis- 

ability of  the  president,  his  dutii  -  shall  be  performed  by  the 
vice-president. 

4677.  Bond  of  clerk  of  board,  1  tering  upon  the 
discharge  of  his  duties,  the  clerk  shall  give  a  bond  to  the 
hoard  of  tion  ofsuch  city  in  such  sum  as  said  board  may 
prescribe,  with  good  and  sufficienl  sun  approved 
by   the    board,   conditioned   for  the    faithful    performai 

his  duties,  and  shall  qua!  cordini  law. 

4678.  Dirties  and  compensation  of  clerk,  [t  shall  be  the 
duty  of  the  clerk  to  attend  all  i  -  of  the  board  . 

an  accurate  journal  of  its  proci  nd 

custody  of   the  seal,  reco       .   and   pa 

vided  for;  to.  countersign  all  warrants  drawn  upon 

urer  by  order  oJ  rd;  to  keep  an  aecu  scount  of  all 

moneys  paid  to  the  treasurer  on  account  *d   and 

from   what   source   received,   and   all   mi  paid    on    o 

drawn  on  the  tre     m  *r  by  order  of  said  board;  and  to  pr 

and  submit  to  the  hoard  an  annual  statement,  under  oath,  of 

the  receipts  and  disbursements  during  the  year  ending  June 

30.  which  statement  the  hoard  shall  cause  to  be  published  in 

a  newspaper  having  general  circulation  in  said  city,  showing: 

1.  The  amount  on  hand  at  the  date  of  the  lasl  t: 

2.  The  amount  of  sinking  fund  and  how  invested; 


46    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

3.  The  moneys  paid  out,  and  for  what  paid; 

4.  The  balance  of  school  moneys  on  hand; 

5.  The  number,  date,  and  amount  on  every  bond  issued 

and    redeemed    under   the    authority    herein    given,    and    the 
amount  received  and  paid  therefor. 

The  clerk  shall  perform  such  other  duties  as  the  board  and 
its  committees  may  require.  He  shall  receive  for  his  services 
such  compensation  as  the  board  may  determine.  Am'd  '11, 
p.  124. 

4679.  Duties  and  compensation  of  treasurer.  The  treas- 
urer of  the  board  of  education  shall  subscribe  to  the  oath  of 
office  and  give  a  bond  to  the  board  with  sufficient  sureties  and 
in  such  sum  as  the  board  may  require ;  said  oath  and  bond  to 
be  approved  by  the  board  and  filed  with  its  clerk.  He  shall 
be  the  custodian  of  all  moneys  belonging  to  the  corporation, 
and  be  responsible  upon  his  bond  for  all  moneys  received  by 
him  as  treasurer.  He  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  receipts  and  disbursements  of  his  of- 
fice, and  pay  out  school  moneys  only  upon  a  warrant  signed 
by  the  president,  or,  in  his  absence  or  disability,  by  the  vice- 
president,  countersigned  by  the  clerk,  and  shall  perform  such 
other  duties  as  the  board  may  require.  The  treasurer  shall 
receive  for  his  services  such  amount  as  the  board  of  education 
may  fix  and  determine.  The  board  may  require  the  treasurer 
to  keep  his  office  and  records  in  the  office  of  the  board. 

Premium   on   bond,   how  paid.    5    4500.  §   4754. 

Funds    to    draw    interest    and    where  Require)  for     participation    >in 

L,   §  4500.  slata  high  school  fund,    §5   4575-4582. 
Treasurer    teachers'    retirement    fund, 

4680.  Board  of  education  a  body  corporate.    Powers  and 

duties.     The  board  of  education  of  any  such  city  shall  be  a 
body  corporate  under  the  name  of  "The  Board  of  Education 

of City"    (inserting  the  proper  name),  and  shall 

have  an  official  seal  conformable  to  such  name,  which  shall 
be  used  by  the  clerk  in  the  authentication  of  all  matters  re- 
quiring it.  And  said  board,  in  the  name  aforesaid,  may  sue 
and  be  sued:  may  take,  hold,  lease,  sell,  and  coi  vey  real  and 
personal  property,  as  the  interests  of  the  schools  may  require. 
The  members  of  the  board  and  the  clerk  thereof  shall  have 
the  power  and  authority  to  administer  oaths  in  proof  of  claims 
and  accounts  against  said  corporation,  and  no  claim  or  account 
daries  of  teachers  and  janitoi  ill  be  audited  or  al- 

lowed by  the  board  of  education  unless  the  correctness  of  the 
same  shall  be  proved  under  oath. 

4681.  Powers  and  duties  defined.  The  board  of  educa- 
tion shall  have  the  power  and  authority  to  purchase  or  sell 
schoolhouse  sites  and  improvements  thereof;  to  construct  and 
erect  school   buildings  and  to  furnish  the  same;  to  establish, 


SCHOOL  LAWS  OF  THE  STATE  OF  ITAII  47 

locate,  and  maintain  kindergarten  schools,  <•uhihh.ii  schools, 
consisting  of  primary  and  grammar  grades,  high  schools,  and 
industrial  or  manual  training  schools;  to  establish  and  sup- 
port school  libraries:  to  purchase,  exchange,  repair,  and  im- 
prove the  high  school  apparatus,  books,  furniture,  fixtures 
and  all  other  school  supplies  in  said  schools.  It  shall  sup- 
ply and  loan  to  pupils  in  the  several  grades  and  departments 

of  said   schools,   excepl    the   high   school,   fr f  charge,   all 

text  books  and  supplies  used  by  the  pupils  of  said  schools; 
it  shall  have  the  power  to  sell  to  pupils  in  the  several  grades 
and  departments  of  said  schools,  at  cost,  all  text  books  and 
supplies  used  by  the  pupils  of  said  schools;  to  colled  all 
books  and  apparatus,  loaned  to  pupils  of  the  public  schools 
of  any  such  city,  or  damages  for  the  loss,  injury,  or  destruc- 
tion of  the  same;  to  assign  to  the  state  Normal  School, 
the  purpose  of  instruction  in  the  prad  -  shoo!  connected 
therewith,  a  sufficient  number  of  pupils  of  appropriate  grades, 
and  reimburse  the  state  university  or  said  normal  school  for 
the  instruction  of  such  pupils  at  rates  per  pupil  uo1  exceeding 
the  average  cost  of  instruction  for  pupils  in  the  public  schools 
of  the  city  as  ascertained  for  each  year;  to  do  all  things  need- 
ful for  the  maintenance,  prosperity,  and  su< ss  of  the  schools, 

and  the  promotion  of  education:  to  adopt  by-laws  and  rules 
for  procedure  of  the  board  of  education,  and  make  and  en- 
force all  needful  rules  and  regulations  for  the  control  and 
management  of  the  public  schools  of  the  city;  provided,  that 
said  school  boards  shall  purchase  all  books  now  remaining  in 
the  hands  of  the  merchants  of  their  respective  cities,  at  the 
introductory  exchange  price.      Am'd  '03,  p.  159. 

Authority    to    establish    high    schools,  May  employ   physician,    '    ',540. 

Con.    art.    io.    sec    2.  The    arbitrary    closii                  tools    0:1 

Compulsory     attendance     of  c    of    smallpox    does 

§§  4740-4743.  nor                   the    board    of    education    of 

Control     of     local     hoards     of    health,  liability     for     salary    of    teacher,     under 

«   27£  tract,     for     time     lost     .lurintr     such 

Insure     employees       §§      3110,      3111,  period. 

3119.  McKay     v.    Barnett,    21    T".    239:    60 

Duties    as    to    school    houses    as    civic  P.  1100. 
centers,    5  §   -1 "  5  1  •  1 5  5  1  - 


4682.  Sale  cf  sites  and  buildings.  or 
buildings  shall  be  sold  or  conveyed  by  the  board  of  edn 
tion,  except  on  resolution  of  the  board,  duly  adopted  at  a 
regular  or  duly  called  meeting,  and  not  then  without  the 
affirmative  vote  of  at  least  two-thirds  of  all  the  members  of 
the  baord. 

4683.  Board  has  rights  and  duties  of  constituent  dis- 
tricts. Suits  by  and  against.  Upon  the  election  and  qualifi- 
cation of  a  board  of  education   for  any  city,  the  trusl 

all  school  districts   sxisting  in  sai  shall  convey  and  deliver 

all  the  school  property  in  said  district   to  the  board  of  edu- 
cation of  said  city:  and  the  title  of  all  such  property,  and  all 


48  SCHOOL -LAWS  OP1  THE  STATE  OP  UTAH 

property  hereafter  acquired  for  school  purposes  in  said  city, 
shrill  be  conveyed  to  and  vested  in  said  board  of  education, 
for  the  use  of  the  district  schools  of  said  city;  and  all  rights, 
claims,  and  causes  of  action  to  or  for  said  property,  or  the 
use  or  income  thereof,  or  for  any  conversion,  disposition,  or 
withholding  thereof,  or  for  any  damage  or  injury  thereto,  shall 
at  once  vest  in  the  hoard  of  education  of  said  city,  in  trust 
for  the  use  of  the  district  schools  of  the  city,  and  said  board, 
in  the  name  aforesaid,  may  bring  and  maintain  actions  to 
recover,  protect,  and  preserve  the  property  and  rights  of  the 
district  schools,  and  to  enforce  any  contract  relating  thereto, 
and  in  its  said  name  may  sue  and  be  sued  in  any  court  of 
lav  or  equity.  And  all  outstanding  debts  and  obligations  of 
any  such  school  district  shall  be  paid  by  such! board  of  edu- 
cation. 

4684.  Board  of  examiners,  how  constituted.  In  each  city 
of  the  first  and  of  the  second  class  there  shall  be  a  board 
of  examiners,  consisting  of  the  city  superintendent  of  public 
schools,  or  the  superintendent-elect,  and  two  or  more  other 
members  having  practical  experience  as  teachers,  residents 
of  said  city,  to  be  designated  associate  examiners.  The  as- 
sociate examiners  shall  be  elected  by  the  board  of  education 
at  their  first  meeting  in  April  annually,  and  shall  hold  of- 
fice for  one  year,  but  no  candidate  for  examination  as  a  pre- 
liminary to  teaching  in  the  public  schools  shall  be  an  as- 
sociate examiner.        Ain'd  '05,  p.  111. 

4G85.  Chairman  of  examiners.  The  city  superintendent 
of  public  schools,  or  superintendent-elect,  shall  be  chairman 
of  the   board   of  examiners. 

4686.  Compensation  of  associate  examiners.  The  asso- 
ciate examiners  shall  receive  such  a  staled  compensation  per 
diem  for  services  actually  rendered  as  may  be  allowed  them 
by  the  board   of  education.     The   chairman  of  the  board  of 

miners  shall   certify  to  the  correctness  of  claims  for  ser- 
vices rendered  by  the  associate  examiners. 

4687.  Teachers'  examinations.  Special  meetings.  Rec- 
ord. The  board  of  examines  shall  meet  and  hold  examina- 
tions for  the  granting  of  teachers'  certificates  on  such  occa- 
sions only  as  may  be  authorized  by  the  board  of  education. 
Special  meetings,  not  for  the  purpose  of  conducting  exami- 
nations, may  be  called  by  the  chairman,  when,  in  his  judg- 
ment, the  same  are  necessary.  A  record  of  the  proceedings 
of  the  board  of  examiners  shall  be  kept  in  the  office  of  its 
chairman,  and  at  all  times  be  open  for  the  inspection  of  the 
board  of  education  ;  and  such  portions  of  it  as  may  concern 
any  candidate  for  a  certificate  shall  be  open  for  the  inspec- 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  49 

tion  of  such  candidate  or  his  authorized  representative. 

State    examination    and    diplomas,    §§ 
4506-4511. 

4688.  Power  of  board  of  examiners.  Issue,  renewal,  and 
revocation  of  certificates.    The  board  of  examiners  shall  have 

power : 

1.  To  adopt  rules  and  regulations,  uol  inconsistent  with 
the  laws  of  the  state  or  the  rules*  of  the  board  of  education, 
for  its  own  government  and  for  the  examination  of  feeachers, 
and  to  fix  standards  of  proficiency  for  the  granting  and  re- 
newing of  certificates,  either  heretofore  or  hereafter  issued, 
subject. to  the  approval  of  the  board  of  education. 

2.  To  prepare  questions  on  the  various  subjects  pre- 
scribed by  law.  and  examine  by  written  or  oral  examination 
all   candidates   for  any   of  the   following  certificates: 

First.  A  city  high  school  certificate,  valid,  for  one  year 
only,  unless  relieved,  and  authorizing  the  holder  to  teach  or 
serve  as  principal  in  any  primary,  grammar,  or  high  school  in 
the  city  : 

Second.     A  city  grammar  certificate,  valid   for  one  year 

only,    unless    renewed,    and    authorizing   the    holder  to    teach 

in  any  primary  or  grammar  school,  or  serve  as  principal 
in  any  primary  school   in  such  city: 

Third.  A  city  primary  certificate,  valid  for  one  year  only, 
unless  renewed,  and  authorizing  the  holder  to  teach  in  any 
primary  school  in   the  city. 

The  board  of  examiners  shall  report  the  result  of  all  exam- 
inations to  the  board  of  education,  who  through  the  presi- 
dent, and  clerk  thereof,  shall  issue  to  the  successful  candi- 
dates the  certificates  io  which  they  are  entitled. 

3.  To  recommend  to  the  board  of  education  the  renewal  of 
the  various  renewable  certificates,  in  accordance  with  such  r 
ulations  as  they  may  adopt,  or  as  may  he  prescribed  by  the 
board   of    education;    whereupon    said    hoard     of     education, 
through  .its  president  and  clerk,  may  renew  such  certifies 
from  vcar  to  year. 

4.  For   immoral    and    unprofessional   conduct,  profanity, 

intemperance,  or  evident  unfitness  for  teaching,  to  recommend 
to  the  board  of  education  the  revocation  of  any  certificate 
previously  granted  by  said  hoard  of  education. 

.">.  In  case  of  necessity,  to  grant,  by  the  chairman  of  the 
board  of  examiners,  temporary  certificates  to  teachers  of  ex- 


50    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

perience  of  whose  ability  to  pass  the  regular  examination 
there  is  no  doubt;  provided,  that  such  temporary  certificate 
shall  be  valid  only  until  the  next  regular  examination,  and 
under  no  circumstances  shall  be  issued  more  than  once  to  the 
same   person. 

4689.  Qualification  of  applicant  for*  certificate.  No  cer- 
tificate or  permission  to  teach  shall  be  issued  to  any  person 
not  eighteen  years  of  age.  No  certificate  shall  be  granted  to 
any  person  whose  moral  character  or  habits  are  known  by  the 
board  of  examination  or  by  the  board  of  education,  to  be  bad, 
or  who  is  afflicted  with  a  serious  infectious  or  hereditary 
disease.      Am'd  '03,  p.  72. 

State  diploma,    §§   4707,   4708.  Normal    certificates,    §    4709. 

4690.  Certificates  granted  only  after  examination.   ..No 

certificate  shall  be  granted  by  the  board  of  education  or  upon 
its  authority,  except  to  successful  candidates  in  a  regular  or 
special  examination  conducted  by  the  board  of  examiners 
in  accordance  with  the  provisions  of  law. 

4691.  Examination  for  grammar  and  primary  certificates 
City  primary  and  city  graiimiai  certificates  shall  be  | granted 
only  to  applicants  who  aiv  found,  upon  examination,  to  have 
a  practical  knowledge,  of  pedagogics  and  school  management, 
and  to  be  proficient  in  and  qualified  to  teach  the  following 
branches,  namely:  heading,  writing,  spelling,  English  grammar, 
geograpb}',  arithmet:c,  physiology  and  hygiene,  United  States 
history,  and  such  other  English  branches  as  the  board  of  edu- 
cation may  prescribe ;  provided,  that  the  examination  of  ap- 
plicants for  such  certificates  shall  be  specially  adapted  to  dis- 
cover their  fitness  to  teach  all  the  branches  named  to  pupils 
of  primary  or  grammar  grades  respectively. 

4692.  Id.  High  school  certificate.  City  high  school  cer- 
tificates shall  be  granted  only  to  applicants  who  pass  satis- 
fac'oiily  the  examination  required  for  grammar  certificates, 
and,  in  addition  thereto,  sustain  a  satisfactory  examination 
in  civil  government,  physical  geography,  elementary  physios, 
elementary  algebra,  botany,  and  such  other  branches  as  the 
board  of  education  may  prescribe. 

4693.  Teachers  exempt  from  examination.  Holders  of 
normal  diplomas  and  certificates  issued  after  March  1,  1892, 
by  the  University  of  Utah,  and  holders  of  state  diplomas  or 
state  certificates  shall  be  exempt  from  all  further  examina- 
tions during  the  term  of  validity  of  such  certificates  as  pro- 
vided by  law.  Teachers  engaged  in  the  exclusive  teaching  of 
music,  foreign  languages,  drawing,  penmanship,  kindergarten, 
and  physical  culture  shall  be  exempt  from  all  examinations 
except  such  as  pertain  to  the  special  departments  over  which 
they  may  preside. 


SCHOOL  LAWS  OP  THE  STATE  OF  ITAII  51 

4694.  Special  certificates.  Special  certificates  shall  be 
granted  only  to  applicants  who  pass  satisfactorily  an  examina- 
tion in  a  special  or  departmental  subject  (such  as  music, 
foreign  language,  drawing,  penmanship,  kindergarten,  phy- 
sical culture,  etc.,)  and  such  other  subjects  as  are  calculated 
to  discover  applicants'  fitness  to  teach  in  public  schools, 

4695.  Board  to  select  textbooks.  In  each  city  of  the 
first  and  of  the  second  class  the  Board  of  Education  shad  de- 
cide what  textbooks  shall  be  adopted  in  all  public  schools  of  the 
city,  and  their  use  shall  be  mandatory  therein  for  the  period 
of  adoption.  The  Board  of  Education  shall  meet,  as  a  text- 
book commission  for  the  purpose  of  adopting  textbooks  every 
two  years,  beginning  in  1922.  In  1922  approximately  one- 
third  of  the  textbooks  adopted  shall  be  for  a  period  of  four 
years,  approximately  one-third  shall  he  for  a  period  of  six 
years,  and  the  remainder  for  a  period  of  eight  years.  Thereafter 
adoptions  shall  be  for  a  period  of  six  years,  approxi- 
mately one-third  of  the  textbooks  in  use  to  be  adopted  at  each 
biennial  meeting  of  the  Board  called  for  the  adoption  of  text- 
books. At  any  biennial  meeting,  any  textbook  found  unsatis- 
factory can  be  changed  by  the  board.     Am'd   '21  Ch.  104. 

• 

4696.  Notice  to  publishers.  The  board  of  education  shall 
give  notice  at  least  sixty  days  prior  to  the  expiration  of  any 
contract  regulating  the  supply  and  use  of  text  books  in  such 
city,  by  publication  in  a  newspaper  having  a  general  circula- 
tion in  this  state,  of  its  intention  to  adopt  text  books  for  the 
public  schools  of  the  city,  calling  for  bids  and  terms  from  pub- 
lishers of  text  books  for  schools,  stating  approximately  the 
number  and  kind  of  books  required;  that  separate  and  sealed 
proposals  will  be  received  by  the  board  of  education  for  furn- 
ishing each  kind  of  book,  the  place  where,  and  the  day  and 
hour  when,  all  proposals  will  be  opened,  and  that  the  board 
reserves  the  right  to  reject  any  and  a!!  proposals  or  any  part 
thereof. 

4697.  Opening  bids.  At  the  time  and  pla  se  specified  in 
said  notice,  the  board  shall  meet  and  publicly  open  ami  read 
all  the  proposals  which  shall  have  been  received,  and  shall 
make  their  decision  within  thirty  days  thereafter. 

4698.  Samples  and  prices  on  books.  Sealed  proposals 
must  be  accompanied  witht  sample  copies  of  the  books  to  be 
furnished,  together  with  a  statement  of  the  introductory  or 
exchange  price,  and  of  a  wholesale  and  a  retail  price,  at 
which  the  publisher  agrees  to  furnish  each  book  within  the 
city  during  the  full  time  that  may  be  required  by  the  board 
of  education. 


52    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4699.  Unsatisfactory  proposals.  If  no  satisfactory  pro- 
posals are  received,  the  board,  in  its  discretion,  may  advertise 
anew,  and  the  books  in  use  shall  be  continued  in  use  until 
satisfactory  proposals  shall  have  been  received  and  accepted. 

4700.  Contract  with  successful  bidders.  Bond.  The  pub- 
lisher or  publishers  whose  proposals  shall  be  accepted  must  en- 
ter into  a  written  contract  with  the  board  of  education,  and 
shall  give  a  bond  with  two  sufficient  sureties  in  a  reasonable 
sum,  to  be  fixed  by  the  board,  for  the  faithful  performance  of 
such  contract. 

4701.  School  property  exempt  from  taxation  and  execu- 
tion. All  property,  real  and  personal,  held  by  the  board  of 
education  shall  be  exempt  from  general  and  special  taxation, 
and  from  all  local  assessments  for  any  purpose,  and  shall  not 
be  taken  in  any  manner  for  debt. 

Property    exempt   from    taxation,    Con.  .cation     are    exempt     from    legal     assess- 

art.    13,    sec.    3.  merits     and     taxation     for     construction. 

This    section    is    not    in    conflict    with  of    a    public    sewer,    and    the    city    could 

Con.     art.     13.     sec.     3.     and     the     word  not   impose  the  payment   of  a  reasonable 

"held"    means    property    owned    by    the  charge    before    permitting    the    board    to 

board.  connect  with  or  use  the  sewer. 

Wey  v.   S.    L.    City,    35    U.    504;    101  B.   of  Ed.   v.   McGonagle,   38  U.   280; 

P.  380.  ,  112     P.     401. 

Lands    owned    by    the    board    of    edu- 

4702.  City  one  taxation  district.  For  purposes  of  taxa- 
tion the  whole  city  shall  constitute  one  school  district. 

4703.  Distribution  of  state  funds  to  cities.  All  cities  or- 
ganized under  -he  provisions  of  this  chaptei  shall  receive  their 
p-  lata  share  of  any  state  taxes  levied  for  the  support  of 
district  schools,  or  any  funds  thai  may  lie  realized  from  any 
source  which,  under  the  operation  of  law,  are  required  to  be 
divided  pro  rata  for  the  benefit  of  children  of  school  age  resid- 
ing in  the  state. 

4704.  Estimate  of  required  revenue.  Annual  levy.  Limit. 
Collection.  ..The  hoard  of  education  shall,  on  or  before  the  1st 
day  of  May  of  cad)  year,  prepare  a  statement  and  estimate  of 
the  amount  necessary  for  the  support  and  maintenance  of  the 
schools  under  its  charge  for  the  school  year  commencing  on 
the  1st  clay  of  July  next  thereafter;  also  the  amount  necessary 
to  pay  the   interest   accruing   during   such  year,   and   not   in- 

•clnded  in  any  prior  estimate,  on  bonds  issued  by  said  hoard; 
also  the  amount  of  sinking  fund  necessary  to  be  collected  dur- 
ing such  year  for  the  payment  and  redemption  of  said  bonds; 
and  shall  forthwith  cause  the  same  to  be  certified  by  the  presi- 
dent and  clerk  of  said  board  to  the  officers  charged  with  the 
assessment  and  collection  of  taxes  for  general  county  purposes 
in  the  county  in  which  the  city  is  situated,  and  such  officers, 
after  having  extended  the  valuation  of  property  on  the  as- 


SCHOOL  LAWS  OF  THE  STATE  OF  1TAII  53 

sessment  roll,  shall  levy  such  per  cenl  as  shall,  as  nearly 
as  may  he,  raise  the  amount  required  by  the  board,  which  levy 
shall  be  uniform  on  all  property  within  the  said  city  as  return- 
ed on  the  assessment  roll;  and  the  said  county  officers  are 
hereby  authorized  and  required  to  place  the  same  on  the  I 
roll.  Said  taxes  shall  be  collected  by  the  county  treasurer 
as  other  taxes  arc  collected,  but  without  additional  compen- 
sation for  assessing  and  collecting,  and  he  shall  pay  the  same 
to  the  treasurer  of  said  hoard,  promptly  as  collected,  who 
shall  hold  the  same  subject  to  the  order  of  the  board  of  edu- 
cation; provided,  thai  the  tax  for  the,  supporl  and  maintenance 

of  such  school  in  cities  of  the  firsl  class  shall  not  ex -d  in  any 

one  year  6V4  mills  on  the  dollar  upon  all  taxable  property 
said  city,  21/.  mills  additional  on  the  dollar  in  one  year  to  he 
used  exclusively  for  the  purchase  of  school  sites  and  the 
tion  of  school  buildings;  and  in  cities  of  the  second  class,  the 

tax  for  the  support  and  maintenance  of  such  scl Is  shall  not 

exceed  in  any  one  year  10  mills  on  the  dollar  upon  all  taxable 
property  in  said  city.  Am'd  '01,  p.  14'>:  '07,  p.  101  ;  '15,  p. 
193-210. 

Levy    of    county    and    district    school  tive  intent,  yet  as  the  word   "and"   is  a 
tax.  §§  4525,  conjunction    implying   addition,    the   eon- 
Sec.    4704     (1936)     as    amended,    Ch.  juncti                          111,   lav                  innot 
111,    Laws     '15,     p.     102.     i-  n   on 
tional  in  so  far  as  it  attempts  to  divi  essed   valuation   will   be   construed  as 

I     and     seen:..' 

two  classes — those  \\ '  valua-       but    it    must    be    taken    as    applicabl 

tion    is    over    or    und  cities    of  the   fii 

therefore    the    section    as    amended,    by  titutional    a^ 

chap.  115.  laws  '15.  p.  210,  is  it    <  cities   and   the  limitation  prescribed  does 

B.   of  Ed.   v.   Hunter.   4^    1"        "         L59        not   apply. 
P.  mis.  of  Ed.  v.  Hanch< 

While  punctuation  may  be  disregarded       P.  '' 
for   the  purpose   of   ascertain  la- 

4705.  Delinquent  taxes  to  be  paid  to  board.  The  respec- 
tive hoards  of  county  commissioners  shall  pay  over  to  the 
boards  of  education  as  fast  as  collected  or  realized  their  pro- 
portionate amount  of  delinquent  taxes,  interests,  and  on 
all  tax  sales,  heretofore  or  hereafter  made. 

Distribution    of    delinquent    taxes,    in- 
terest  and   costs,    §    6i 

4706.  Special  election  for  tax  for  sites,  etc.  The  hoard 
of  education  may.  at  the  annual  spe- 
cial election,  in  its  dis  submit  to  the  voters  of  the  dis- 
trict the  question  of  levying                                            or  m 

years,  to  buy  sites,  build  and  furnish  schoolhonses,  or    impr 
the  school  property  under  its  control.     If  the  v 
in  favor  of  such  tax,  it  shall  be  levied  and  collected  ther 

school  taxes,  and  the  board  of  education  may  apply  any  money 
available,  raised  from  taxation,  to  the  building  on»or  the  im- 
proving: of  the  school  property  under  its  char- 

4707.  Id.  Notice  of  election.  Issuance  of  bonds.  The 
board  of  education  shall  give  such  reasonable  notice  of  such 


54    SCHOOL  LAWS  OF  THE  STATE  OP  UTAH 

submission  as  it  may  deem  proper ;  and  if  submitted  at  a  spe- 
cial election,  may  follow  the  procedure,  so  far  as  applicable,  for 
the  issuance  of  bonds. 

4708.  Bond  election.  Petition.  The  board  of  education 
may,  when  in  its  judgment  it  is  advisable,  or  shall,  when  pe- 
titioned by  a  majority  of  the  resident  taxpayers  of  the  school 
district,  as  appears  by  the  county  assessment  roll  of  the  last 
preceding  year,  call  an  election  in  each  municipal  ward  of  the 
city  and  submit  to  the  taxpayers  of  the  district,  whether  bonds 
of  such  district  shall  be  issued  and  sold  for  the  purpose  of  rais- 
ing money  for  purchasing  school  sites,  for  building  or  purchas- 
ing one  or  more  school  houses  and  supplying  the  same  with 
furniture  and  necessary  apparatus,  for  improving  the  grounds, 
and  for  the  refunding  and  redemption  of  all  or  any  portion  of 
any  bonds  outstanding  in  any  such  district. 

Election  to  incur  additional  indebted- 
ness,   §  4591. 

4709.  Notice  and  conduct  of  bond  election.  The  elec- 
tion provided  for  in  the  preceding  section  shall  be  called  by 
publishing,  for  not  less  than  ten  days,  a  notice  signed  by  the 
president  and  clerk  of  the  board  of  education,  in  a  newspaper 
published  in  the  city,  and  by  posting  said  notice  at  the  polling 
places  in  each  municipal  ward  of  the  city  for  the  same  length 
of  time  next  preceding  said  meeting.  The  board  of  education, 
before  any  notice  is  published  or  posted,  shall  appoint  three 
electors  in  each  municipal  ward  to  conduct  the  elections  here- 
in provided  for,  who  shall  take  and  subscribe  an  oath  of  of- 
fice, and  who  shall  make  returns  thereof  to  the  board  as  here- 
in provided.    Such  notice  shall  contain : 

1.  The  time  and  place  of  holding  the  same; 

2.  The  names  of  the  judges  at  each  polling  place  to  con- 
duct the  same; 

3.  The  time  during  which  the  polls  will  remain  open ; 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  years,  not  exceeding  twenty, 
the  whole  or  any  part  of  said  bonds  are  to  run. 

4710.  Ballot.  Informalities  in  election.  The  ballot  used 
at  such  election  shall  be  furnished  by  the  board  of  education, 
and  shall  express  upon  its  face  the  questions  the  board  de- 
sires to  submit  to  the  taxpayers.  .  No  informalities  in  conduct- 
ing such  election  shall  invalidate  the  same,  if  it  shall  have 
been  otherwise  legally  conducted. 

4711.  Qualifications  of  voters.  Challenges.  Every 
registered  voter  residing  in  any  ward  in  which  any  election 
is  held  for  the  purpose  of  determining  the  question  of  issuing 


SCHOOL  LAWS  OF  THE  STATE  OF  I'TAII  55 

bonds  for  such  school  district,  and  who  shall  have  paid  a 
property  tax  therein  in  the  year  preceding  such  election,  shall 
be  entitled  to  vote  at  any  such  election.  Challenges  for  cause 
by  any  qualified  voter  shall  be  allowed  at  such  election,  and 
promptly  decided  by  the  judges  conducting  the  .same. 

Registration  for  school  election,    5    J136. 

4712.  Canvass  of  returns.    Issue  of  bonds,     [mmediately 
after  the  closing-  of  the  polls,  the  persons  appointed  to  conduct 

the  same  shall  proceed  to  count  and  canvass  the  ballots  east 
at  such  election,  and  make  returns  thereof  to  the  board  of 
education;  and  said  board  shall,  within  five  days  after  said 
election,  meet  and  canvass  said  returns,  and  if  a  majority  of 
the  ballots  cast  at  said  election  are  in  favor  of  issuing  such 
bonds,  then  the  board  shall  cause  an  entry  of  that  fact  to  be 
made  upon  its  minutes,  and  shall,  before  issuing  such  bonds, 
file  with  the  clerk  of  the  county,  in  which  such  school  district 
is  situated,  a  certified  copy  of  the  order  of  the  board  of  edu- 
cation, and  certified  copies  of  the  notices  published  or  posted, 
calling  such  election,  with  an  affidavit  showing  when  and 
where  said  notices  were  published  or  posted,  and  that  they 
were  published  or  posted  as  required  by  the  law  and  the  order 
of  the  board  of  education.  The  board  shall  also  file  with  said 
clerk  a  statement  showing  the  number  of  inhabitants  and  the 
value  of  taxable  property  in  the  district;  that  the  amount  of 
bonds  proposed  to  be  issued,  including  existing  indebtedness, 
does  not  exceed  3  per  cent  of  the  value  of  taxable  property 
in  the  district ;  that  the  election  at  which  the  question  of  is- 
suing bonds  was  submitted  and  lawfully  called  and  held:  that 
all  proceedings  in  relation  to  the  proposed  issue  of  bonds  in 
said  district  were  lawfully  conducted,  and  that  such  bonds 
may  be  lawfully  issued;  and  thereupon  said  hoard  of  educa- 
tion shall  be  and  is  hereby  authorized  and  directed  to  issue 
the  bonds  of  such  district  in  any  amount  not  exceeding  the 
number  and  amount  voted  for  at  such  election.  The  money 
for  the  redemption  of  said  bonds,  and  the  payment  of  interest 
thereon  as  it  shall  become  due,  shall  be  raised  by  taxation  upon 
the  taxable  property  of  said  district:  provided,  that  the  total 
amount  of  bonds  issued,  including  existing  indebtedness, 
shall  not  exceed  3  per  cent  of  the  taxable  property  of  the  dis- 
trict as  shown  by  the  last  equalized  assessment  roll  for  city 
purposes,  prior  to  issuing  such  bonds.  No  election  shall  be 
void  because  the  amount  of  bonds  authorized  a1  such  election 
exceeded  the  statutory  limitation  at  the  time  of  holding  the 
election,  but  the  bonds  may  be  issued  in  accordance  with  such 
authorization,  in  any  amount  within  the  limitations  fixed  by 
law,  at  the  time  the  bonds  are  issued.  Am'd  '07.  p.  200;  *D9 
p.  178. 

Limit  of  indebtedness  of  school  districts.  >n.  art.  14 

4713.  Denomination  of  bonds.     Interest.     Payment  and 
redemption.    The  denomination  of  the  bonds 'which  may  be  is- 


56    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

sued  under  the  provisions  of  this  chapter  shall  he  $50  or  some 
multiple  of  fifty,  not  exceeding  $1000,  and  shall  bear  interest 
of  not  exceeding  the  rate  of  5  per  cent  per  annum,  payable 
semi-annually  or  annually,  in  accordance  with  interest  coupons 
which  shall  be  attached  to  said  bonds,  and  shall  be  made  pay- 
able not  more  than  twenty  years  from  their  date  The  board  of 
education  may  reserve  the  right  to  redeem  such  bonds,  or  any 
of  them,  at  any  time  after  five  years  from  their  issue.  Any 
bonds  heretofore  authorizied  by  vote  of  any  school  district, 
remaining  unsold,  may.  in  the  discretion  of  the  board,  he  here- 
after issued,  to  bear  any  rate  of  interest  not  exceeding  5  per 
cent  per  annum,  payable  annually,  or  semi-annually. 

4714.  Printing  of  bonds.  Authorization.  Signing.  When 
ever  any  bonds  are  issued  under  the  provisions  of  this  chapter 
they  shall  be  engrayed,  lithographed,  or  printed  on  bond  paper, 
and  sii all  state  upon  their  face  the  date  of  their  issue,  the 
amount  of  bond,  for  what  purpose  issued,  also  the  time  and 
the  place  of  payment  and  the  rate  of  interest  to  he  paid.  They 
shall  have  printed  upon  the  margin  the  words,  "Authorized 
by  act  of  the  legislature  of  the  state  of  Utah,  A.  D.  1897," 
and  upon  the  back  of  each  bond  shall  he  printed  a  certificate, 
signed  by  the  county  clerk,  in  substantially  the  following  form: 

I  certify  that  the  within  bond  is  issued  in  accordance 
with  law,  and  is  within  the  debt  limit  permitted  by  the  con- 
stitution and  laws  of  the  state  of  Utah  and  in  accordance  with 

a  vote  of  the  taxpayers  of school  district'  of 

county,  state  of  Utah,  at  an  election  held  on  the... day 

of. 19 ,  authorizing  bonds  to  the  amount  of 

dollars. 

They  shall  be  signed  by  the  president  and  clerk  of  the 
board  of  education,  and  countersigned  by  the  treasurer  thereof, 
and  there  shall  be  entered  in  a  book  to  be  kept  by  the  clerk  for 
that  purpose  the  number,  date,  and  denomination  of  the  bonds 
sold,  and  the  date  when  the  same  shall  become  due. 

Certification    that    bonds    are    within    debt  limit,   §?  -166-469. 

4715.  Sale  of  bonds.  Use  of  proceeds.  Whenever  any 
bonds  are  issued  under  the  provisions  of  this  chapter,  the 
board  of  education  shall  have  authority  to  negotiate  and  sell 
such  bonds  to  the  highest  bidder.  Xo  contingent  bid  shall  be 
received,  and  every  bid  shall  be  accompanied  by  a  certified 
check  of  five  per  '-cut  as  a  forfeit,  payable  to  the  order  of  the 
board  of  education.  The  board  may  reject  any  or  all  bids. 
The  proceeds  shall  be  used  exclusively  for  the  purpose  for 
which  they   are  issued. 

4716.  Redemption  and  cancellation  of  bonds.  Refunding. 
Whenever  any  of  the  bonds  of  a  school  district  shall  have 
been  redeemed  or  purchased  by  the  board  of  education,  they 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  57 

shall  be  cancelled  by  writing  or  printing  in  red  ink  ac  ich 

bond  and  coupon  the  words,  "Paid  and  cancelled";  and  the 
date  of  payment  and  amounl  paid  shall  be  entered  in  the 
clerk's  register  againsl  the  Dumber  of  the  bond,  and  the  bond 
and  coupons  so  canceled  shall  1>"  filed  in  the  office  of  the 
clerk  of  the  board  and  preserved  in  a  bonk  to  be  kepi  for  thai 
purpose.  Any  bond  or  bonds  heretofore  or  hereafter  issued  ]>y 
any  board  of  education  or  school  districl  may  1"'  refunded 
any  time  by  such  board  or  school  districl  when  a  lowe 
of  interesi  or  better  terms  can  be  obtained,  and  the  provisions 
hereof  as  to  elections  shall  not  apply. 

4717.  Annual  levy  for  interest  and  sinking  fund.  The 
hoard  of  education,  in  its  annual  estimate  and  levy  provided 
for  in  this  chapter,  shall  include  an  amount  sufficient  to  pay 
the  interest  as  the  same  accrues  on  all  outstanding  bonds  is- 
sued by  the  hoard,  and  also  to  create  a  sinking  fund  of  two 
per  cent  of  the  par  value  of  outstanding  bonds  for  the  redemp- 
tion of  said  bonds,  and  shall  cause  a  tax  to  be  levied  and  col- 
lected as  provided  for  in  this  chapter,  and  such  money  shall 
remain  a  specific  fund,  and  shall  no1  be  appropriated  or  used 
for  any  oilier  purpose  than  is  hereinafter  provided. 

4718.  Sinking  fund,  investment  of.     The  m 

and  collected  for  creating  a  sinking  fund  for  the  redemption 
of  the  bonds  issued  by  the  board  of  education  shall  be  used 
as  follows:  After  retaining  an  amounl  sufficient  to  pav  the 
principal  of  the  bonds  maturing  during  the  year,  the  board 
shall,  witli  the  surplus  of  the  sinking  fund,  invest  the  same 
in  bonds  of  the  state  of  Utah,  or  ^\'  any  school  di  town, 

city,  or  county  thereof,  or  of  the  United  States,  on  thi 
terms  to  he   obtained,   until    such    time   as   it   may  be    needed 
to  purchase  any  outstanding  bonds  that  may  be  offered,  or 
until  the  maturity  of  any  such  bonds. 

Sinking  fund  may  bf>  invested,   ?  .".'200 

4719.  Bonds  a  lien  on  taxable  property.     B  led 
under  the  provisions  of  this  title  shall  be  a  lien  upon  1 
property  of  the   school   districl    issuing  them,   and   whi 
hoard   of  education    neglects  or  r< 

.cordance  with  law  to  meet  the  outstanding  bonds  or  the  in- 
terest thereon,  the  l  oard  of  county  comm  »f  the  county 
within  which  such  district  is  situated  shall  levy  sue'  ind 
apply  the  money  thus  collected  to  the  payment  of  bonds 
and  the  interest  due  thereon. 

4720.  Advertisement  for  bids  for  construction  of  build- 
ings.   Award.    Contract.    When' board  may  erect.    Wh 

any  schoolhouse  is  to  be  built,  the  hoard  of  edt  ill  ad- 

vertise for  at  least  ten  day  .me  newspaper  published  in 


58    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

the  city  for  sealed  proposals  for  building  such  schoolhouse  in 
accordance  with  the  plans  and  specification,  which  shall  be 
furnished  by  the  board  of  education  at  its  office  or  at  the 
office  of  the  architect,  stating  in  such  advertisement  or  notice 
the  place  where,  and  the  day  and  hour  when,  all  proposals 
will  be  opened,  and  reserving  the  right  to  reject  any  and  all 
proposals,  and  shall  require  a  certified  check  of  not  less  than 
five  per  cent  of  the  amount  of  the  bid  to  accompany  the  same, 
which  check  shall  be  made  payable  to  the  order  of  the  board 
of  education,  and  the  check  of  the  successful  bidder  shall  be 
forfeited  in  case  he  fails  or  refuses,  to  enter  into  the  contract 
and  furnish  the  bond  required.  At  the  time  and  place  speci- 
fied in  said  notice,  the  board  shall  meet  and  publicly  open 
and  read  all  the  proposals  which  have  been  received,  and  if 
satisfactory  bids  have  been  received  shall  award  the  contract 
to  the  lowest  responsible  bidder,  and  shall  require  of  such  bid- 
der or  contractor  a  bond  in  one-half  the  amount  of  the  contract', 
conditioned  that  he  will  properly  perform  its  conditions  in  a 
faithful  manner  and  in  accordance  with  its  provisions.  In  case 
none  of  the  proposals  are  satisfactory,  all  shall  be  rejected,  and 
said  board  shall  advertise  anew  in  the  same  manner  as  before, 
and  may  require  in  the  contract  to  be  executed  that  at  least 
twenty  per  cent  of  the  contract  price  may  be  withheld  until 
the  building  is  completed  and  accepted  by  the  board.  But  if 
after  twice  advertising,  as  provided  herein,  no  satisfactory  bid 
is  received,  the  board  may  proceed  under  its  own  direction  to 
erect  the  bulding  required,  or  in  case 'of  a  building  not  exceed- 
ing $5,000  in  cost,  if  no.  satisfactory  bid  is  received  at  the  first 
notice,  the  board  may  proceed  with  the  construction  as  it  may 
determine. 

4721.  Establishment  of  Parental  Schools.  The  board  of 
education  of  any  city  of  the  first  class  shall  or  the  boards  of 
education  of  any  other  school  district,  under  a  contract  to  be 
approved  by  each  of  such  boards,  may  provide  for  the  estab- 
lishment and  maintenance  of  special  schools  and  classes  and 
for  the  support  and  education  of  the  children  transferred  to 
them  under  the  provisions  of  this  chapter.       Am'd  '21,  Ch.  105. 

4722.  Delinquent,  dependent,  or  neglected  children  may- 
be transferred.  Any  child  between  the  ages  of  eight  and 
eighteen  years,  residing  within  the  city  or  cities  maintaining 
siicli  special  schools  or  classes,  who  in  the  judgment  of  the 
board  of  education  of  such  city,  is  not  receiving  care,  training 
and  education  adapted  to  his  special  needs,  or  who  has  be- 
come, or  is  in  danger  of  becoming  a  delinquent  child,  within 
the  meaning  of  Section  1829,  Compiled  Laws  of  Utah,  1917, 
or  a  dependent  or  neglected  chid  within  the  meaning  of  Sec- 
tion 1835,  Compiled  Laws  of  Utah, '1917,  shall,  with  the 
consent  of  the   parent  or  parents,   custodian   or  guardian   of 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH    59 

such   child,  be   transferred   to  a   special   school   or  class,   pro- 
vided for  the  purpose,  for  a  term   no1  extending  beyond  the 

age  of  eighteen  years.  Am'd    _1,  Ch.  105. 

4723.  Release.  Any  child  transferred  to,  <>r  cared  for, 
in  such  special  schools  or  classes,  may  be  released  therefrom 
either  conditionally  or  absolutely  in  accordance  with  the  by- 
,iv  esl  'blished  by  the  hoard  or  boards  of  education  main- 
taining the  same.        Am'd  '21,  Ch.  105. 

4727.  Expense  of  parental  schools,  how  paid.  Any 
board  or  boards  of  education  maintaining  a  special  residen- 
tial school,  under  the  provisions  of  Section  4721,  shall  esti- 
mate and  determine,  as  near  as  may  be,  the  average  actual 
exj>ense  per  month  of  keepinjr  and  taking  care  of  the  boys 
and  girls  who.  may  be  transferred  to  such  special  residential 
school,  and  the  average  cost  of  keeping  such  boys  and  girls 
shall  be  wholly  paid  by  the  parent  or  guardian  of  each  boy 
or  girl  transferred  to  the  school,  unless  for  good  cause  said 
hoard  or  hoards  of  education  shall  otherwise  order  and  di- 
rect. The  board  of  education  of  the  city  in  which  the  parent 
or  guardian  of  any  such  transferred  hoy  or  girl  resides  may 
bring  suit  to  enforce  this  provision.      Am'd  '21,  Ch.  105. 

4728.  Admission  of  pupils  from  outside  of  city.  On  the 
tender  of  payment  which  shall  meet  all  costs  of  support  at  a 
special  school  or  class,  the  board  or  boards  of  education  main- 
taining such  special  school  or  class,  may  receive  into  it  on 
equal  terms  boys  or  girls  whose  residence  is  in  the  state  out- 
side the  citv  or  cities  to  which  the  school  belongs.  Am'd  '21 
Ch.    105. 

4729.  Attendance  officers  and  assistants.  The  hoard  of 
education  of  each  such  city,  shall  appoint  and  fix  the  com- 
pensation of  a  school  attendance  officer  and  such  other  as- 
sistants as  shall  be  deemed  necessary,  whose  duty  Ll  shall  be 
to  aid  the  school  hoard  in  carrying  out  the  provisions  of  this 
chapter.  The  police  authorities  of  the  city  shall  make  such 
attendance  officer  and  his   assistants   special    policemen. 

Am'd    '21,  Ch.  105. 

4730.  Clinical  psychologist  and  assistants.  The  hoard  of 
education  of  each  such  city,  or  the  hoard  of  education  of 
any  two  or  more  such  cities,  may  appoint  and  fix  the  compensa- 
tion of  a  clinical  psychologist  and  such  assistants  as  may  be 
deemed  ne  y,  whose  duty  it  shall  be  to  aid  the  school  board 
or  boards  in  carrving  out  the  provisions  of  this  chapter 

Am'd   '21,  Ch.  105. 

Dutv    under    employment    of    children, 
act,    §"1865. 


60    SCHOOL  LAWS  OP  THE  STATE  OF  UTAH 

CHAPTER  12. 

GENERAL  PROVISIONS. 

4740.  Compulsory  attendance  at  schools.  Exceptions. 
Every  parent,  guardian,  or  other  person  having  control  of  any 
child  between  eight  and  sixteen  years  of  age  shall  be  required 
to  send  such  child  to  a  public,  district,  or  private  school  in 
the  district  in  which  he  resides,  at  least  twenty  weeks  in  each 
school  year,  ten  weeks  of  which  shall  be  consecutive;  pro- 
vided, that  in  cities  of  the  first  and  of  the  second  class  such 
children  shall  be  required  to  attend  school  at  least  thirty 
weeks  in  each  school  year,  ten  of  which  shall  be  consecutive; 
provided,  that  in  each  year  such  parent,  guardian,  or  other 
person  having  control  of  any  child  shall  be  excused  from  such 
duty  by  the  school  board  of  the  district  or  the  board  of  edu- 
cation of  the  city,  as  the  case  may  be,  whenever  it  be  shown 
to  their  satisfaction  that  one  of  the  following  reasons  exists: 

1.  That  such  child  is  taught  at  home  in  the  branches  pre- 
scribed by  lav.-  for  the  same  length  of  time  as  children  are  re- 
quired by  law  to  be  taught  in  the  district  school: 

2.  That  such  child  has  already  acquired  the  branches 
of  learning  taught  in  the  district  schools ; 

3.  That  such  child  is  in  such  physical  or  mental  condi- 
tion (which  may  be  certified  by  a  competent  physician  if  re- 
quired by  the  board")  as  to  render  such  attendance  inexpedient 
or  impracticable.  If  no  such  school  is  taught  the  requisite 
length  of  time  within  two  and  one-half  miles  of  the  residence 
of  the  child  by  the  nearest  road,  such  attendance  shall  not  be 
enforced ; 

4.  That  such  child  is  attending  some  public,  district  or 
private  school ; 

5.  That  the  services  of  such  child  are  necessary  to  the 
support  of  a  mother  or  an  invalid  father. 

The  evidence  of  the  existence  of  any  of  these  reasons  for 
non-attendance  must  be  in  each  case  sufficient  to  satisfy  the 
superintendent  of  the  county  or  city  in  which  the  child  resides: 
and  the  superintendent,  upon  the  presentation  of  such  evi- 
dence, shall  issue  a  certificate  stating  that  the  holder  is  exempt- 
ed from  attendance  during  the  time  therein  specified. 

Am'd    '05.  p.   112. 

4741.  Penalty.  Any  such  parent,  guardan,  or  other  per- 
son having  control  of  any  child  between  eight  and  sixteen 
years  of  age,  who  wilfully  fails  to  comply  with  the  require- 
ments of  the  next  preceding  section,  shall  be  guilt}-  of  a  mis- 
demeanor. Am'd  '05,  p.  112. 

Compulsory   education    of   deaf,    dumb,     and   blind.    §§   5337-5339. 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  61 

4742.  Id.  Inquiry  into  violations  of  school  law.  It  shall 
be  the  duty  of  the  president  of  the  board  of  education  of  any- 
city,  and  the  chairman  of  the  school  trustees  of  any  district, 
within  their  respective  jurisdictions,  to  inquire  into  all  cases  of 
misdemeanor  defined  in  this  title,  and  to  report  the  same  and 
the  offenders  concerned,  when  known,  to  the  city  or  county 
attorney  of  the  city  or  county  within  which  the  Offenses  shall 
have  been  committed,  and  it  is  hereby  made  the  duty  of  either 
of  said  officers  to  proceed  immediately  to  prosecute  such  of- 
fenders. 

4743.  Incorrigible  children.  Sent  to  industrial  school.  All 
children  in  the  district  between  the  ages  of  eigh1  and  sixteen 
years  who,  in  defiance  of  earnest  and  persistent  efforts  "n  the 
part  of  their  parents  or  teachers,  are  habitual  tenants  from 
school,  or  while  in  attendance  at  school  are  vicious,  immoral,  or 
ungovernable  in  conduct,  shall  he  deemed  incorrigible,  and  it  is 
the  duty  of  the  president  of  the  board  of  education  or  the 
chairman  of  the  board  of  trustees  of  each  school  district  to  in- 
quire into  all  eases  within  his  district,  and  report  them  to  the 
county  attorney  acting  for  such  district,  whose  duty  it  shall  be 
to  prosecute  such  eases  as  incorrigibles  and  fit  candidates 
the  state  industrial  school. 

Parental    schools    in    cities.     ?  §     4  7 -J 1  - 
4729;   in  counties,    ?s   4640-4648. 

4744.  American  flag  displayed,  when.  It  shall  he  the 
duty  of  the  hoard  of  education  or  school  trustees  of  all  school 
districts  within  the  cities  and  comities  of  this  state  to  provide 
each  schoolhouse  or  the  grounds  thereof  with  a  suitable  fl 
pole,  and  to  cause  the  American  flag  to  he  displayed  thereon 
during  the  daylight  hours  of  every  legal  holiday,  February 
12th,  and  flag-  day  of  each  year.       '07,  p.  33. 


CHAPTER  13. 


SCHOOL  PROPERTY.  ETC.,  IN  TERRITORY  ANNEXE 

TO  CITY. 

4745.     When  annexed  to  a  city  of  the  first,  second,  or 
third  class.     When  all  the  territory  of  a  school  district   shall 
become  annexed  to  a  city  of  the  first,  second,  or  third  cli 
by  the  extension  of  the  boundaries  of  the  city,  all  the  school 
property,  including  moneys  on  hand  and  due  to  1  id  dis- 

trict, together  with  all  records  and  papers  belonging  to  said 
district. 'shall  he  transferred  to.  and  the  title  vested  in,  the  hoard 
of  education  of  such  city,  and  said  hoard  of  education  shall  as- 
sume and  be  held  responsible  for  the  legitimate  floating  and 
bonded  indebtedness  of  said  annexed  district.       "07.  p.  54. 

Annexing  territory  to  city.   ?   770. 


62    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

4746.  Annexation  of  part  of  district.  When,  by  the  ex- 
tension of  the  limits  of  any  city  of  the  first,  second,  or  third 
class,  a  part  of  the  territory  of  an  adjacent  school  district  is 
annexed  to  such  city,  it  shall  be  the  duty  of  a  board,  con- 
sisting of  the  state  superintendent  of  public  instruction,  the 
city  superintendent  of  schools,  the  county  superintendent  of 
schools,  or,  in  county  school  districts  of  the  first  class,  the  dis- 
trict superintendent  of  schools,  to  determine  the  present  value 
-of  the  school  property  of  such  district,  also  all  moneys  due  to, 
or  in  the  hands  of,  the  district  treasurer,  and  to  equitably  ap- 
portion the  amount  due  the  district  board,  or  the  board  of 
education  of  such  city,  as  the  case  may  be.  The  amount  due 
to  the  district  board,  or  board  of  education  of  such  city,  when 
ascertained  by  the  said  board,  shall,  if  there  be  not  sufficient 
funds  in  the  hands  of  the  treasurer  to  pay  such  indebtedness, 
be  levied  upon  the  taxable  property  of  that  district  or  corpora- 
tion found  to  be  in  debt,  and  shall  be  collected  in  the  same 
manner  as  if  the  same  had  been  authorized  by  the  vote  of  the 
district  board,  or  by  the  board  of  education  of  such  city,  and 
when  collected  it  shall  be  paid  to  the  treasurer  of  that  dis- 
trict or  board  of  education  of  such  city  to  which  it  is  due. 
The  board  of  education  or  the  district  retaining  the  schoolhouse 
shall  assume  the  bonded  indebtedness  incurred  in  the  building 
and  furnishing  of  such  schoolhouse.        '07,  p.  54. 

4747.  Unadjusted  claims.  All  unadjusted  claims  of  cities 
and  school  districts  arising  from  such  annexation  previous  to 
March  14,  1907,  shall  be  adjudged  in  accordance  with  the 
provisions  of  this  chapter.         '07,  p.  55. 


CHAPTER  14. 


PUBLIC  SCHOOL  TEACHERS'  RETIREMENT 

ASSOCIATIONS. 

('13,  p.  155.) 

4750.  Organization.  Commission.  Upon  the  written  re- 
quest of  a  majority  of  the  teachers  employed  in  the  public 
schools  of  any  city  of  the  first  or  the  second  class,  the  board 
of  education  of  any  such  city  shall  authorize  the  organiza- 
tion of  a  public  school  teachers'  retirement  commission  and  as- 
sociation. In  such  petition  there  shall  be  designated  three 
persons  to  serve  as  members  of  the  ritirement  commission,  who 
shall  serve  until  the  first  election  after  the  retirement  com- 
mission is  organized,  and  until  their  successors  are  elected 
and  qualified.        Am'd  '17,  p.  216. 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH    63 

4751.  In  cities  of  the  first  class.  Membership  of  com- 
mission. Term.  In  cities  of  the  first  class  the  said  commis- 
sion shall  be  composed  of  seven  members;  three  members  to 
be  elected  from  the  retirement  association  by  the  members 
thereof,  whose  terms  shall  be  for  three  years;  the  superintend- 
ent of  city  schools,  the  elerk  of  the  board  of  education,  and 
two  members  to  be  elected  by  the  board  of  education  from 
their  number,  whose  terms  shall  be  two  years.  In  all  cases 
the  terms  of  office  shall  be  from  the  first  Monday  in  February 
following  the  election. 

4752.  Election  of  members  of  city  commission.  In  cities 
of  the  first  class  the  members  of  the  retirement  commission 
who  are  chosen  by  the  teachers  shall  be  elected  at  a  meeting 
called  by  the  superintendent  of  city  schools,  who  shall  cause 
each  teacher  who  is  a  member  of  the  association  to  be  notified 
in  writing  of  the  time  and  place  of  such  election,  such  notice 
to  be  given  at  least  ten  days  before  the  election. 

4753.  Qualification.  Vacancies.  The  commissioners  and 
officers  of  the  retirement  commission  shall  qualify  by  taking 
and  subscribing  to  the  oath  of  office,  which  shall  be  filed  with 
the  clerk  of  the  board  of  education.  In  case  of  vacancy  in  the 
elective  membership  of  said  commission,  the  vacancy  shall 
be  filled  until  the  next  election  by  the  commission  choosing 
a  member  from  the  body  that  elected  the  outgoing  member. 
Am'd   '17,  p.  217. 

4754.  Officers.  Compensation.  Funds.  The  retirement 
commission  shall  organize  by  electing  from  their  number,  a 
president  and  a  vice-president.  The  clerk  of  the  hoard  of  edu- 
cation shall  be  clerk  of  such  commission,  and  the  treasurer  of 
the  board  shall  be  treasurer  of  said  commission.  The  commis- 
sioners and  officers  shall  serve  without  compensation.  The 
bond  given  by  the  treasurer  of  the  hoard  of  education  shall  be 
liable  for  the  safekeeping  of  the  funds  of  the  commission. 
Am'd   '17,  p.  217. 

4755.  Meetings.  Records.  Annual  report.  The  retire- 
ment commission  shall  meet  at  least  once  each  year,  and  shall 
keep  a  record  of  all  its  proceedings  and  a  record  of  all  money 
received  and  paid  out,  all  of  which  records  shall  be  open  for 
public  inspection.  It  shall  also  make  an  annual  financial  re- 
port showing  the  moneys  received  and  disbursed,  a  copy  of 
which  report  shall  be  printed  and  delivered  to  each  member 
of  the  association. 

4756.  Funds,  two  classes.  The  funds  of  the  retirement 
association  shall  be  of  two  classes:  (a)  Permanent,  and  (b) 
current  fund.    The  treasurer  shall  pay  out  money  only  on  war- 


64    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

rants  signed  by  the  president  and  clerk  of  the  commission, 
and  shall  have  charge,  under  the  direction  of  the  commis- 
sioners, of  the  investment  and  management  of  the  permanent 
fund,  and  such  of  the  current  fund  as  shall  not  be  required 
to  pay  benefits  but  such  funds  shall  be  invested  only  in  state, 
county,  school  district,  or  municipal  bonds. 

4757.  Membership.  Every  teacher  who,  after  the  taking 
effect  of  this  chapter,  accepts  employment  under  the  board  of 
education  of  a  city  of  the  first  or  the  second  class  in  which 
city  a  teachers'  retirement  association  has  theretofore  been 
organized,  shall,  by  virtue  of  such  employment,  become  a 
member  of  g'jch  retirement  association,  and  there  shall  be  in- 
corporated in  five  contract  of  employment  a  stipulation  rbat 
the  teacher  agiees  to  and  is  bound  by  all  the  rules  and 
provisions  governing  membership  in  such  association. 

Am'd    '17,  p.  217. 

4758.  Income.  Assessments.  Deductions.  The  income  of 
the  public  school  teachers'  retirement  association  shall  be  from 
the  following  sources : 

1.  All  teachers  who  are  members  of  a  teachers'  retire- 
ment association  in  cities  of  the  first  and  the  second  class, shall 
have  deducted  from  each  and  every  payroll  in  payment  for  ser- 
vices, 1  per  cent  of  the  face  of  said  payroll,  and  the  amount 
of  such  deduction  shall  be  certified  to  and  paid  by  the  clerk 
of  the  board  of  education  monthly  to  the  treasurer  of  the  as- 
sociation; provided,  that  an  annual  salary  of  $1200  shall  be 
the  maximum  salary  on  which  dues  shall  he  paid,  and  if  any 
teacher  shall  receive  a  salary  in  excess  of  such  sum,  then  the 
deduction  shall  be  made  on  $1200  only; 

2.  The  hoard  of  education  shall  pay  an  amount  equal  to 
the  total  amount  paid  to  the  public  school  teachers"  retire- 
ment association  fund  by  or  on  behalf  of  all  teachers  during 
each  year  under  the  provisions  of  subdivision  1  of  this  sec- 
tion, such  amount  to  be  certified  to  semi-annually  by  the  clerk 
of  the  board  of  education  and  by  him  paid  semi-annually  to 
the  treasurer  of  the  association; 

3.  All  moneys  received  from  donations,  legacies,  bequests, 
or  otherwise,  for  or  on  account  of  said  fund.  Am'd  '17,  p.  217  ; 
21,  Ch.  109. 

4759.  Current  and  permanent  funds.  Transfers.  The 
first  two  sources  of  income,  viz.,  1  and  2,  shall  constitute  the 
current  fund,  and  the  third  source,  viz.,  3,  shall  constitute  the 
permanent  fund,  unless  specifically  stipulated  for  the  current 
fund  in  the  donation,  legacy,  gift,  or  bequest.  No  portion  of 
the  permanent  fund  shall  be  available  for  current  expenditure, 
but  the  interest  thereon  shall  become  a  part  of  the  current 


SCHOOL  LAWS  OF  THE  STATE  OF  I  TAII 

fund.  Any  part  of  the  current  fund  which  is  not  use, I  during 
the  school  year  for  the  payment  of  annuities  shall  be  transfer- 
red to  and  become  a  part  of  the  permanenl  fund.  Am'd  17. 
p.  217. 

4760.  Classification  of  beneficiaries.  Retirements.  An- 
nuities. There  shall  be  two  classes  of  beneficiaries,  under  the 
retirement  fund,  viz.,  class  A  and  class  B. 

Class  A.  On  the  recommendation  of  the  retirement  com- 
mission the  board  of  education  of  the  city  shall  have  power  by 
a  two-thirds  vote  to  retire  any  member  of  the  association  who 
is  mentally  or  physicially  incapacitated  for  the  performance  of 
duty;  provided,  said  teacher  has  taught  in  the  city  at  least  fif- 
teen years  and  his  or  her  term  of  service  shall  aggregate  thirty 
years,  except  as  hereinafter  provided,  whether  before  or  after, 
or  partly  before  or  partly  after  the  passage  of  this  chapter. 
Each  teacher  so,  retired  shall  be  entitled  to  receive  as  pen- 
sion an  annuity  equal  to  one-half  of  the  average  annual  salary 
drawn  by  said  teacher  for  the  live  years  preceding  retirement, 
but  in  case  his  or  her  years  of  teaching  shall  not  aggregate 
thirty  years,  but  -shall  aggregate  at  least  twenty  years,  he  or 
she  may  be  temporarily  retired  and  shall  be  entitled  to  such  a 
part  of  the  annuity  as  his  or  her  years  of  service  are  a  part 
of  thirty.  Any  teacher  who  has  been  retired  under  this 
class  and  who  recovers  his  or  her  mental  or  physical  powers 
sufficiently  to  teach  or  earn  a  livelihood  in  some  other  man- 
ner, in  the  opinion  of  a  physician  selected  by  the  retirement 
commission,  shall  cease  to  draw  an  annuity  under  this  classi- 
fication. Tf  such  teacher  does  not  recover  before  reaching  the 
age  of  sixty,  then  he  or  she  shall  he  transferred  to  class  B. 

Class  B.  Any  member  of  the  retirement  association  who 
has  taught  thirty  years,  one-half  of  which  time  lias  been  in  the 
city  in  which  the  retirement  association  is  located,  and  who 
has  reached  the  ape  of  sixty  years,  shall,  upon  his  or  her  requesl 
or  upon  the  recommendation  of  the  retirement  commission  and 
a  two-thirds  vote  of  the  board  of  education  of  the  city,  with- 
out option  be  placed  upon  the  retired  list,  and  shall  be  entitled 
to  an  annuity  equal  to  one-half  of  the  average  annual  salary 
of  the  five  years  preceding  retirement ;  provided,  that  the  maxi- 
mum annuity  paid  to  any  teacher  under  either  class  A  or  class 
B  shall  not 'exceed  $600.       Am'd   17,  p.  218. 

4761  Id,  Delinquent  dues  to  be  deducted.  Transfer  or 
continuance  of  membership.  Any  teacher  who  is  retired  under 
the  provisions  of  either  class  A  or  B  and  who  at  the  time  of 
retirement  has  not  paid  into  the  retirement  fund  a  sum  equal 
to  1  per  cent  of  the  entire  salary  received  for  the  previous 
years  of  service  claimed,  not  to  exceed  a  maximum  of  *1'200  an- 
nually, shall  have  such  an  amount  deducted  from  his  or  her 


66  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

annuity  as  shall  equal  the  amount  still  due.  This  deduction 
may,  in  the  discretion  of  the  retirement  commissioners,  be  dis- 
tributed over  a  period  not  to  exceed  three  years.  Any  teacher 
who  is  a  member  of  a  retirement  association  in  the  state  of 
Utah  and  who  accepts  employment  in  a  district  outside  of 
the  bounds  of  his  or  her  association  shall,  within  thirty  days 
thereafter,  elect  in  which  of  two  ways  he  or  she  prefers  to 
continue  his  or  her  membership  : 

1.  A  transfer  of  membership,  or 

2.  An  absent  membership. 

If  the  first  mentioned  is  selected,  the  clerk  of  the  com- 
mission shall  fill  out  on  a  proper  form  a  report,  covering  the 
necessary  data  concerning;  said  teacher,  which  report,  with  the 
one-half  of  the  amount  of  money  paid  into,  the  fund  by  or  on 
account  of  said  teacher,  shall  be  accepted  by  any  commission 
within  the  state  as  the  complete  record  and  payment  of  back 
dues  of  such  teacher.  If  the  second  method  is  chosen,  a 
teacher  may  continue  his  or  her  membership  by  voluntarily 
sending  annually  to  the  clerk  of  the  commission  the  1  per  cent 
of  his  or  her  salary  as  certified  to  by  the  clerk  of  the  board 
where  he  or  she  is  employed,  not  to  exceed  a  maximum  of  $1200 
annually. 

4762.  Estate  entitled  to  refund.  In  case  of  the  death  of 
a  member  of  the  retirement  association  before  retirement,  leav- 
ing relatives  dependent  upon  him  or  her,  the  estate  of  said 
teacher  shall  be  entitled  to  a  refund  of  the  total  amount  paid 
into  said  fund  by  said  teacher.  Or  if  the  estate  has  not  suffi- 
cient funds  to  pay  the  funeral  expenses,  then  such  expenses 
shall  be  paid  by  the  retirement  commission,  not  exceeding  the 
amount  paid  to  the  association  by  such  teacher. 

4763.  Insufficient  funds.  If  at  any  time  the  funds  of  the 
retirement  association  are  not  sufficient  to  meet  the  annuities 
and  refunds  hereinbefore  specified,  each  annuitant  and  claim- 
ant shall  be  paid  pro  rata  his  or  her  proportion  of  the  funds 
that  are  available. 

4764.  Teacher  defined.  The  term  "teacher,"  as  used 
throughout  this  chapter,  shall  include  superintendents,  super- 
visors, principals,  and  teachers  in  the  employ  of  boards  of 
education  of  cities  of  the  first  and  the  second  class.     '17,  p.  219. 

4765.  Rules  and  by-laws.  The  retirement  commission  is 
empowered  to  adopt  such  rules  and  by-laws,  for  the  carrying 
out  of  the  provisions  of  this  chapter  as  are  in  harmony  with  its 
intents  and  purposes. 

4766.  Repeal.  Proviso.  Chap.  21  of  title  66  of  the  Com- 
piled Laws  of  Utah,  1907,  is  hereby  repealed ;  but  all  retirement 


SCHOOL  LAWS  OF  THE  STATE  OF  I  TAII  67 

associations  and  commissions  organized   under  the  provisions 

of  said  chapter  arc  continued  under  this  chapter. 

4767.  Proportionate  distribution  of  funds.  The  state 
teachers'  retiremenl  commission  are  hereby  authorized  and  di- 
rected to  distribute  to  the  members  of  the  state  teachers  retire- 
ment association  the  funds  of  such  association  now  on  hand 
after  paying  all  expenses  of  the  association,  such  distribution 
be  made  to  the  members  in  proportion  to  the  amounl  paid 
by  each.         '17,  p.  219. 


VOCATIONAL  EDUCATION. 
Chapter  86,  Laws  of  Utah.  1919.) 

Section  1.  Acceptance  of  Congressional  Act.  Thai  the 
State  of  Utah  hereby  reaffirms  its  acceptance  and  assent  to 
the  terms  and  provisions  of  the  Ad  of  Congress  entitled:  "An 
Act  to  provide  for  the  promotion  of  vocational  education,  to 
provide  for  co-operation  with  the  states  in  the  promotion  of 
such  education  in  agriculture  and  the  trades  and  industries; 
to  provide  for  co-operation  with  the  State  in  the  preparation  of 
teachers  of  vocational  subjects:  and  to  appropriate  money 
and  regulate  its  expenditure,"  as  enacted  into  law  by  the 
Legislature  of  the  state  of  Utah,  Sections  4540,  4541,  4542 
and  4543,  Compiled  Laws  of  Utah,  1917. 

Sec.  2.  Custodian  of  fund.  The  State  Treasurer  is  hereby 
designated  as  the  custodian  of  all  money  to  be  received  for 
said  fund  by  appropriation,  both  federal  and  stale,  and  he  is 
hereby  named  as  the  official  for  the  disbursement  thereof  upon 
orders  authorized  by  the  State  Board  for  Vocational  Educa- 
tion and  approved  by  the  State  Board  of  Examiners. 

Sec.  3.  Designation  of  Board  and  directing  officer.  The 
State  Board  of  Education  is  hereby  designated  ;is  the  State 
Board  for  Vocational  Education:  and  the  State  superintendent 
of  public  instruction  is  hereby  designated  its  chief  executive 
officer. 

Sec.  4.  Authority  of  State  Board.  The  state  Board  for 
Vocational  Education  shall  have  all  necessary  authority  to  co- 
operate with  the  Federal  Board  for  Vocational  Education  in 
the  administration  of  the  said  Act  of  Congress;  to  administer 
any  legislation  pursuant  thereto  enacted  by  the  State  of  Utah; 
and  to  administer  the  funds  provided  by  the  federal  Lrovern- 
ment  and  the  state  of  Utah  under  the  provisions  of  this  Act  for 
the  promotion,  aid,  and  maintenance  of  vocational  education  in 
agricultural  subjects,  trade  and  industrial  subjects,  and  home 
economics  subjects;  and  education  in  health  and  in  civic  and 


68    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

patriotic  service  continuing  over  the  entire  j^ear  in  the  school 
districts  of  the  State  of  Utah.  It  shall  have  authority  to  ap- 
point and  to  fix  the  compensation  and  pay  the  expenses  of 
such  officials  and  assistants  as  may  be  necessary  to  administer 
the  federal  act  and  this  act  for  the  state  of  Utah,  and  such  com- 
pensation and  other  necessary  expenses  of  administration  shall 
be  paid  from  funds  appropriated  in  this  Act  upon  the  approval 
of  the  State  Board  of  Examiners. 

Sec.  5.  Meetings.  The  State  Board  for  Vocational  Edu- 
cation shall  hold  at  least  four  meetings  per  year,  which  shall 
be  during  the  first  week  in  January,  April,  July,  and  October; 
and  shall  meet  at  such  other  times  as  may  be  designated  by 
the  chairman  or  by  a  majority  of  the  board. 

Sec.  6.  Terms  of  schools — civic  service.  Any  district 
Board  of  Education  may  establish  and  maintain  all-day  voca- 
tional schools  or  classes,  giving  instruction  in  agricultural 
subjects,  trade  or  industrial  subjects,  or  home  economics  sub- 
jects ;  evening  schools  or  classes,  giving  instruction  supplemen- 
tal to,  the  daily  employment  of  students ;  and  part-time  schools 
or  classes,  giving  instruction  supplemental  to  the  daily  employ- 
ment of  students;  and  part-time  schools  or  classes,  giving  in- 
struction to  promote  civic  and  vocational  intelligence ;  and 
may  promote  education  in  health  and  in  civic  and  patriotic  ser- 
vice continuing  over  the  entire  year ;  and  may  raise  and  ex- 
pend money  for  carrying  out  the  provisions  of  this  Act  in  the 
same  manner  as  other  money  is  raised  and  expended  for  school 
purposes. 

Sec.  7.  Approved  schools  to  share  in  funds.  Whenever 
any  schools  or  activities  have  been  organized  in  accordance 
with  rules  and  regulations  adopted  by  the  State  Board  for 
Vocational  Education  and  shall  have  been  approved  by  the 
State  Board  for  Vocational  Education,  they  shall  be  entitled 
to  share  in  federal  and  State  funds  available  for  the  promo- 
tion of  such  education  to  an  amount  not  to  exceed  "fifty  per 
cent  (50%)  of  the  moneys  expended  for  the  salaries 
of  the  teachers  or  supervisors  engaged  in  carrying  out  the  pro- 
visions of  this  Act. 


PART-TIME  SCHOOLS  AND  COMPULSORY 
ATTENDANCE. 

(Chapter  92,  Laws  of  Utah,  1919,  as  Amended  in  1921.) 

Section  1.     Attendance — excuses — power  of  superintend- 
ents.    Every  parent,  guardian,  or  other  person  having  control 
of  any  minor  between  sixteen  and  eighteen  years  of  age  or  any 
minor  under  sixteen  years  of  age  who  has  completed  the  eighth 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH     69 

grade,  shall  bo  required  to  soul  such  minor  to  a  regular  public 
or  private  school  at  least  thirty  weeks  each  school  year,  unli 
such  minor  is  legally  excused  to  enter  employment  ;  and  if 
such  minor  is  so  excused,  the  said  parent,  guardian  or  other  per- 
son shall  be  required  to  send  such  minor  to  a  part-time  school 
or  a  continuation  school  at  least  144  hours  per  year;  provided 
that  in  each  year  such  parent,  guardian,  or  other  person  hav- 
ing control  of  such  minor  may  be  excused  from  such  duty  by 
the  district  Board  of  Education  for  any  of  the  following  rea- 
sons : 

_  1.     That  such  minor  has  already  completed  the  work  of  a 
senior  high  school. 

2.  That  such  minor  is  taught  at  home  the  required  num- 
ber of  hours. 

3.  That  such  minor  is  in  such  physical  or  mental  condi- 
tion (which  must  be  certified  by  a  competent  physician  if  re- 
quired by  the  Board)  as  to  render  such  attendance  inexped- 
ient or  impracticable. 

4.  That  no  such  school  is  taught  the  requisite  length  of 
time  with i?i  two  and  one-half  miles  of  the  residence  or  the 
place  of  employment  of  the  minor,  unless  free  transportation 
is  provided. 

The  evidence  of  the  existence  of  any  of  these  reasons 
for  non-attendance  must  be  in  each  case  sufficient  to  satisfy 
the  superintendent  of  the  district  in  which  the  child  resid< 
and  the  superintendent,  upon  the  presentation  of  such  evi- 
dence, shall  issue  a  certificate  stating  that  the  holder  is  ex- 
empted from  attendance  during  the  time  therein  specified 

Sec.  2.  Penalty  for  neglect.  Any  parent,  guardian,  or 
other  person  having  control  of  any  child  who  comes  within 
the  provisions  of  this  Act  who  wilfully  fails  to  comply  with  its 
requirements  shall  be  guilty  of  a  misdemeanor. 

Section  3.  Duties  of  Boards  and  Juvenile  Courts.  It 
shall  be  the  dutv  of  the  board  of  education  of  every  district 

*  * 

within  its  respective  jurisdiction  to  inquire  into  all  cases  of 
misdemeanor  defined  in  this  title:  and  to  report  the  same  and 
the  offenders  concerned,  when  known,  to  the  juvenile  court  of 
the  district  within  which  the  offense  shall  have  been  com- 
mitted and  it  is  hereby  made  the  duty  of  the  officers  of  said 
Juvenile  Court  to  proceed  immediately  to  investigate  and  take 
the  necessary  action.      Am'd  '21,  Ch.  107. 

Sec.  4.  Powers  of  Board  for  vocational  education.  The 
State  Board  for  Vocational  Education  shall  establish  rules 
and  regulations  governing  the  organization  and  administra- 
tion of  part-time  schools  or  classes,  and  shall  expend  from  the 


70    SCHOOL  LAWS  OF  THE  STATE  OP  UTAH 

funds  appropriated  for  the  promotion  of  vocational  education 
such  sums  of  money  as  are  necessary  for  the  proper  enforce- 
ment of  this  Act. 

Sec.  5.  Hours  of  attendance  and  employment — Federal 
law.  Whenever  the  number  of  hours  for  which  a  child  who 
comes  within  the  provisions  of  this  Act  may  be  employed  shall 
be  fixed  by  federal  or  State  law,  the  hours  of  attendance  upon 
a  part-time  school  or  class  organized  in  accordance  with  the 
terms  of  this  Act  shall  be  counted  as"  a  part  of  the  number  of 
hours  fixed  for  legal  employment  by  federal  or  State  law. 

Sec.  6.  Duty  of  employers.  Any  person,  firm,  or  corpora- 
tion employing-  a  child  who  comes  within  the  provisions  of 
this  act  shall  permit  the  attendance  of  such  child  upon  a  part- 
time  school  or  class  whenever  such  part-time  school  or  class 
shall  have  been  established  in  the  district  where  the  child  re- 
sides or  may  be  employed,  and  any  person,  firm  or  corporation 
employing  any  such  child  contrary  to  the  provisions  of  this 
Act  shall  be  guilty  of  a  misdemeanor. 

Sec.  7.  Powers  of  truant  officers.  The  truant  officer 
appointed  by  the  school  district  shall  be  charged  with  the 
responsibility  for  the  enforcement  of  the  attendance  upon  part- 
time  schools  and  classes  of  children  who  come  within  the  terms 
of  this  act. 

Sec.  8.  Courses  of  study  and  sessions  of  schools.  A  part- 
time  school  or  class  established  in  accordance  with  the  terms 
of  this  Act  shall  provide  an  education  for  children  who  have 
entered  employment  which  shall  be  either  supplemental  to  the 
work  in  which  they  are  engaged,  continue  their  general  educa- 
tion, or  promote  their  civic  and  vocational  intelligence.  Part- 
time  schools  or  classes  established  in  accordance  with  the  pro- 
visions of  this  Act  shall  be  in  session  not  less  than  four  hours 
a  week  between  the  hours  of  8  a.  m.  and  6  p.  m. 

Sec.  9.  Number  required  to  establish  schools.  The  Board  of 
Education  of  any  district  in  which  there  shall  reside  or  be 
employed  or  both,  not  less  than  fifteen  minors  who  come  with- 
in the  provisions  of  this  Act,  and  who,  have  entered  upon  em- 
ployment, shall  establish  part-time  schools  or  classes  for  such 
employed  minors. 

Sec.   10.     Reports   to   district   Boards   as  to  expediency. 

Whenever  any  Board  of  Education  shall  deem  it  inexpedient 
to  organize  part-time  schools  or  classes  for  employed  minors, 
it  shall  state  the  reasons  for  such  inexpediency  to  the  State 
Board  for  Vocational  Education,  and  when  the  State  Board 
for  Vocational  Education  shall  judge  such  reason  as  valid,  the 
district  Board  of  Education  shall  be  excused  from  the  estab- 
lishment of  such  part-time  schools  or  classes. 


SCHOOL  LAWS  OP  THE  STATE  OF  I 'TAN  71 

Sec.  11.  Employers  to  notify  Boards  as  to  minor  em- 
ployes. The  employer  of  any  minors  under  eighteen  years  of 
age  shall  keep  a  list  of  minors  so  employed  and  shall  keep  on 
file  the  certificates  issued  by  the  supeintendenl  of  schools,  ;m<l 
shall  notify  the  Board  of  Education  of  the  district  in  which 
the  child  last  attended  school  of  such  employmenl  within  five 
days  after  the  beginning  of  such  employment.  Upon  the  ter- 
mination of  service  of  any  such  employed  minor,  the  employer 
shall  return  within  five  days  the  age  and  schooling  certificate, 
to  the  superintendent  of  schools  issuing  such  certificate. 

Sec.  12.  Salaries  of  teachers — payment — prorating. 
Whenever  any  district  shall  establish  part-time  schools  or 
classes  in  accordance  with  the  provisions  of  this  Act,  and  such 
schools  or  classes  shall  have  been  approved  by  the  State  Board 
for  Vocational  Education,  such  district  shall  be  entitled  to 
reimbursement  for  the  expenditure  made  for  the  salaries  of 
teachers  and  co-ordinators  of  such  part-time  schools  or  classes 
not  to  exceed  .">0  per  cent  of  the  money  so  expended.  Such  re- 
imbursement shall  be  made  from  federal  and  State  funds  avail- 
able for  such  education;  provided,  that  if  the  amount  so  avail- 
able is  not  sufficient  to  pay  50  per  cent  of  such  salaries,  the 
State  Board  for  Vocational  Education  shall  have  power  to  pro- 
rate the  amount  available  among  the  districts  maintaining 
such  approved  part-time  schools  or  classes. 


HEALTH  EDUCATION. 

(Chapter  85,  Laws  of  Utah,  1919.) 

Section  1.  Appointment  of  Director — duties — salary.  That 
the  State  Board  of  Education  is  authorized  to  appoint  a  State 
Director. of  Health  Education  and  to  fix  his  salary  and  deter- 
mine his  qualifications.  Under  the  State  Hoard  of  Education, 
the  Director  of  Health  Education  shall  exercise  general  super- 
visory .control  of  health  education  in  the  public  schools  of  the 
State  consisting  of  hygiene,  sanitation,  physical  education,  and 
recreation.  He  shall  advise  with  local  boards  of  education 
in  regard  to  organization  and  effective  means  of  preserving 
and  promoting  the  health  and  physical  welfare  of  school  chil- 
dren and  of  children  of  pre  school  age  as  provided  for  in  this 
act.  The  salary  and  necessary  traveling  expenses  of  such  offi- 
cer shall  be  paid  out  of  the  State  school  fund  upon  approval  of 
such  salary  and  expenses  by  the  State  Board  of  Examiners. 

Sec.  2.  Supervisors — courses  required — time.  The  State 
Board  of  Education  shall  determine  the  professional  require- 
ments of  supervisors  of  health  education  and  school  nurses. 
Health   education  consisting  of  sanitation  and  p<  1    and 

school  hygiene  shall  be  required  of  all  teachers  in  the  public 


72    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

schools  of  the  State,  provided,  that  teachers  now  in  the  ser- 
vice shall  have  three  years  from  date  of  approval  of  this  Act, 
in  which  to  comply  with  the  provisions  of  same. 

Sec.  3.  Pre-school  age — measures  for  education — consent 
— providing  plans.  The  Boards  of  Education  of  all  school 
districts  of  the  State  are  authorized  to  adopt  such  reasonable 
measures  for  health  education  and  to  incur  such  reasonable 
expense  as  may  be  necessary  for  the  promotion  of  the  physical 
welfare  of  children  of  pre-school  age  in  their  respective  dis- 
tricts, including  the  education  of  parents  in  matters  pertaining 
to  child  welfare.  The  power  herein  granted  to  local  Boards 
of  Education  shall  only  be  exercised  with  the  consent  of  the 
parents. 

A  committee  consisting  of  the  State  Director  of  Health 
Education,  the  dean  of  the  State  School  of  Education,  the 
dean  of  the  department  of  medicine  of  the  University  of  Utah, 
the  secretary  of  the  State  Board  of  Health,  and  the  director 
of  the  department  of  home  economics  of  the  Agricultural  Col- 
lege, shall  provide  and  recommend  plans  for  carrying  into 
effect  the  provisions  of  this  Section.  Such  plans  shall  be 
approved  by  the  State  Board  of  Education. 


AMERICANIZATION  SCHOOLS. 

(Chapter  93,  Laws  of  Utah,  1919:  as  Amended  by 
Chapter  108,  Laws  of  Utah,  1921.) 

Section  1.  Name.  This  act  shall  be  known  as  the  Ameri- 
canization Act. 

Sec.  2.  Attendance — examinations.  Every  alien  person 
residing  in  this  State,  except  those  who  may  be  physically 
or  mentally  disqualified,  between  the  ages  of  sixteen  and 
thirty-five  years,  who  does  not  possess  such  ability  to  speak, 
read,  and  write  the  English  language  as  is  required  for  the 
completion  of  the  fifth  grade  of  the  public  schools  of  the  State, 
shall  attend  a  public  evening  school  class  for  at  least  four 
hours  a  week  during  the  entire  time  an  evening  school  class 
of  the  proper  grade  shall  be  in  session  in  that  district  with- 
in two,  and.  one-half  miles  of  his  place  of  residence,  or  until 
the  necessary  ability  has  been  acquired ;  provided,  that  regu- 
lar attendance  at  a  public  day  school  or  part-time  school  shall 
be  accepted  in  place  of  attendance  at  an  evening  school  class. 
The  determination  of  the  persons  subject  to  the  provisions  of 
this  section  shall  be  made  by  examination  to.  be  held  under  rules 
to  be  prescribed  by  the  State  Board  of  Education.  The 
board  of  Trustees  of  any  school  district  or  the  State  Board  of 
■Education  may  direct  any  persons  to  take  these  examinations 
and  the  failure  of  such  persons  to  take  the  examinations  ex- 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH    73 

cept  for  good  cause  shall  be  taken  as  evidence  that   they  are 
subject  to  the  provisions  of  this  Section. 

Sec.  3.  Violation  of  Act — penalty — separate  offenses. 
Any  person  subject  to  the  provisions  of  Section  2  of  this  Act 
who  wilfully  violates  its  provisions,  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punished,  upon  conviction  by  a  fine  of 
not  less  than  $5.00  and  not  more  than  $25.00  for  each  offense. 
The  parent  or  guardian  of  any  person  under  twenty-one  years 
of  age  who  is  subject  to  the  provisions  of  Section  2  of  this 
Act  shall  be  held  responsible  for  his  attendance.  The  wil- 
ful failure  of  any  guardian  or  parent  ef  such  person 
to  enforce  regular  attendance  shall  constitute  a  misdeameanor 
and  upon  conviction  thereof  such  parent  or  guardian  shall  be 
punished  by  a  fine  of  not  less  than  $5.00  and  hot  more  than 
$25.00  for  each  offense.  The  failure  to  maintain  regular  at- 
tendance during  each  school  month  that  an  evening  school  is 
in  session  in  that  district,  shall  constitute  a  separate  offense  for 
the  purpose  of  this  Section. 

Sec.  4.  Evening-  classes — organization — duties  of  School 
Board.  The  Board  of  Trustees  of  any  school  district  in  the 
State  may,  and  upon  the  direction  of  the  State  Board  of 
Education  shall,  establish  and  maintain  for  at  least  200  hours 
during  the  school  year  evening  school  classes  in  English,  the 
fundamental  principles  of  the  Constitution  of  the  United 
States,  American  history  and  such  other  subjects  as  bear 
on  Americanization,  as  part  of  the  public  schools;  provided 
that  no  district  shall  be  required  to  maintain  a  class  for  fewer 
pupils  than  a  minimum  number  to  be  determined  by  the  State 
Board  of  Education.  Sneh  classes  shall  be  organized  to  meet 
the  needs  of  the  persons  subjed  to  the  provisions  of  section 
two  of  this  Act.  and  such  classes  shall  be  held  at  phi 
that  are  most  accessible  to  the  members  of  the  clasv 

Sec.  5.  Salaries  of  teachers — payments.  The  salaries  of 
teachers  and  the  expenses  of  supervisors  of  evening  clasps 
established  under  the  provisions  of  this  Act  shall  be  paid 
from  the  Americanization  fund.  Such  payments  shall  be 
made  only  upon  the  sworn  statements  of  expenditures  for 
salaries  of  teachers  and  expenses  of  supervision  under  rules 
to  be  made  by  the  State  Board  of  Education.  No  payments 
shall  be  made  for  salaries  of  teachers  in  classes  established  un- 
der the  provision  of  Section  4  of  this  Act  unless  such  classes 
shall  have  been  conducted  for  the  minimum  time  therein  stated, 
except  by  special  action  of  the  State  Board  of  Education. 

Sec.  5.  Registration  for  instruction.  On  or  before  the 
first  day  of  September  of  each  year,  every  alien  person  resid- 
ing in  the  state  of  Utah  subject  to  the  provisions  of  this  Act 


74    SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

shall  appear  at  the  office  of  the  city  or  the  district  superin- 
tendent of  schools  of  the  city  or  district  of  which  he  is 
a  resident  or  at  a  place  designated  by  the  superintendent  of 
schools  and  shall  there  register  for  instruction  according  to 
such  form  as  shall  be  prescribed  by  the  state  board  of  educa- 
tion. 

Sec.  5x1.  Penalty.  Any  person  subject  to  the  provisions 
of  this  Act  who  wilfully  violates  the  provisions  of  Section 
7  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  less  than  $15.00  and  not  more 
than  $25.00.  The  parent  or  guardian  of  any  person  under 
twenty-one  years  of  age  who  is  subject  to  the  provisions  of 
this  act  shall  be  held  responsible  for  his  registration. 

Section  5x2.  Instruction  Fee.  At  the  time  of  registration 
for  instruction  each  person  subject  to  the  provisions  of  this 
Act  shall  be  required  to.  pay  an  instruction  fee  of  $10.00  to  the 
city  or  district  superintendent  of  schools  or  to  a-  person 
designated  by  him.  On  or  before  the  fifteenth  clay  of  Octo- 
ber of  each  year  the  city  or  district  superintendent  shall  pay 
the  total  amount  of  such  fees  collected  to  the  State  TVea^uTw. 
who  shall  credit  the  same  to  the  Americanization  Fund.  All 
moneys  credited  to,  the  Americanization  Fund  shall  be  ad- 
ministered as  provided  by  law  under  the  direction  of  the  State 
Superintendent  of  Public  Instruction. 

Sec.  7.  Powers  and  duties  of  State  Board  of  Education. 
The  State  Board  of  Education  shall  make  regulations  regard- 
ing the  examinations  prescribed  by  Section  2  of  this  Act,  shall 
make  regulations  concerning  the  conditions  under  which  it 
will  direct  the  establishing  of  evening  classes,  shall  make  regu- 
lations regarding  the  regular  attendance  required  in  the  various 
Sections  of  this  Act,  shall  determine  the  minimum  number 
of  pupils  for  which  school  classes  shall  be  organized  and  main- 
tained, shall  determine  the  basis  on  which  salaries  of  teachers 
and  the  expenses  of  supervision  shall  be  paid,  shall 'determine 
the  necessary  qualifications  of  teachers  employed  under  this 
Act,  shall  receive  applications  from  the  various  school  districts 
for  portions  of  the  funds  hereinafter  appropriated  and  shall 
make  any  other  regulation  necessary  to  carry  out  the  provi- 
sions of  this  Act. 

See.  8.  Attendance  secured.  The  regular  attendance  re- 
quired by  this  Act  shall  be  secured  in  the  same  manner  and 
under  the  direction  of  the  same  officers  as  is  provided  by 
law  for  the  compulsory  regular  attendance  at  any  other  pub- 
lic schools  or  classes. 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH  75 

STATE  DISTRICT  SCHOOL  TAX. 
(Chapter  138,  Laws  of  Utah,  1921.) 

An  act  to  amend  Section  5998,  Compiled  Laws  of  Utah,  1917, 
relating-  to  the  levy  of  a  State  tax  for  District  School 
purposes. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Utah  : 

Section  1.     That  Section  5998,  Compile!    Laws  of  Utah, 
1917,  he  and  the  same  is  hereby  amended  to  read  as  follows: 

5998.  State  tax  levy  for  school  purposes.  The  state  board  of 
equalization  and  assessment  is  hereby  authorized  and  directed 
to  levy  annually  a  state  tax  for  district  school  purposes  at  such 
rate  as  will  raise  an  amount,  which  added  to.  any  other  state 
funds  available  for  district  school  purposes,  equals  as  near  as 
may  be  $25.00  for  each  person  of  school  age  as  shown  by  the 
last  preceding  school  census;  and  the  levy  and  collections  of 
said  tax  must  be  performed  in  the  same  manner  and  at  the 
same  time  as  other  state  taxes  are  levied  and  collected,  and 
shall  be  apportioned  to  the  several  school  districts  as  provided 
by  law. 

Section  2.     This  act  shall  take  effect  upon  approval. 

Approved  February  18,  1921. 


REHABILITATION  OF  INJURED  PERSONS. 

(Chapter  97,  Laws  of  Utah,  1921.) 

An  act  to  accept  the  benefits  of  an  act  passed  by  the  Senate 
and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled  to  provide  for  the  promo- 
tion of  Vocational  Rehabilitation  of  persons  disabled  in 
industry  or  otherwise  and  their  return  to  Civil  Employ- 
ment, Approved  June  2,  1920. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Utah : 
Section  1.  Federal  Act  accepted.  The  State  of  Utah  does 
hereby  through  its  legislative  authority  accept  the  provisions 
and  benefits  of  the  act  of  Congress  entitled  -'An  act  to  pro- 
vide for  the  promotion  of  vocational  rehabilitation  of  persons 
disabled  in  industry  or  otherwise  and  their  return  to  civil 
employment,  approved  June  2,  1920. 

Section  2.  Custodian  of  fund.  The  State  Treasurer  is 
hereby  designated  and  appointed  custodian  of  all  moneys  re- 
ceived by  the  state  from  appropriations  made  by  the  Con- 
gress of  the  United  States  for  vocational  rehabilitation  of  per- 


76  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

sons  disabled  in  industry  or  otherwise  and  is  authorized  to  re- 
ceive and  provide  for  the  proper  custody  of  the  same  and  to 
make  disbursements  therefrom  upon  orders  authorized  by  the 
State  Board  for  Vocational  Education  and  approved  by  the 
State  Board  of  Examiners. 

Sec.  3.  Designation  of  board.  The  State  Board  of  Edu- 
cation heretofore  designated  as  the  State  Board  for  Vocational 
Education  in  the  administration  of  the  provisions  of  the  Vo- 
cational Education  Act,  approved  February  23,  1917,  is  hereby 
designated  as  the  State  Board  for  the  purpose  of  cooperat- 
ing with  the  said  Federal  Board  in  carrying  out  the  provis- 
ions and  purposes  of  said  Federal  act  providing  for  the  rehab- 
ilitation of  persons  disabled  in  industry  or  otherwise  and  is 
empowered  and  directed  to  cooperate  with  said  Federal  Board 
in  the  administration  of  said  act  of  Congress ;  to  prescribe  and 
provide  such  courses  of  vocational  training  as  may  be  neces- 
sary for  the  vocational  rehabilitation  of  persons  injured  in  in- 
dustry or  otherwise  and  provide  for  the  supervision  of  such 
training  and  to  appoint  such  assistants  as  may  be  necessary 
to  administer  this  act  and  said  act  of  Congress  in  this  state; 
to  fix  the  compensation  of  such  assistants  and  to  direct  the 
disbursement  and  administer  the  use  of  all  funds  provided 
by  the  Federal  Government  and  the  state  of  Utah  for  the  vo- 
cational rehabilitation  of  such  persons. 

Section  4.  State  board  and  industrial  commission  to  co- 
operate. It  shall  be  the  duty  of  the  State  Board  for  Vocational 
Education  and  the  State  Industrial  Commission  to  formulate 
a  plan  of  cooperation  in  accordance  with  the  provisions  of  this 
act  and  said  act  of  Congress,  such  plan  to  become  effective 
when  approved  by  the  Governor  of  this  state. 

Section  5.  Powers  and  duties  of  board.  The  State  Board 
of  Vocational  Education  is  hereby  authorized  and  empowered 
to  receive  such  gifts  and  donations  either  from  public  or  pri- 
vate sources  as  may  be  offered  unconditionally  or  under  such 
conditions  related  to  the  vocational  rehabilitation  of  persons 
disabled  in  industry  or  otherwise  as  in  the  judgment  of  the  state 
Board  are  proper  and  consistent  with  the  provisions  of  this 
act.  All  the  moneys  received  as  gifts  or  donations  shall  be 
deposited  in  the  State  Treasury  and  shall  constitute  a  per- 
manent fund  which  may  be  invested  in  such  securities  as  may 
be  approved  by  the  state  board  of  examiners,  such  fund  to  be 
called  the  special  fund  for  said  board  to  defray  the  expenses 
of  vocational  rehabilitation  in  special  cases  including  payment 
of  necessary  expenses  of  persons  undergoing  training.  A  full 
report  of  all  gifts  and  donations  offered  and  accepted  together 
with  the  names  of  the  donors  and  the  respective  amounts  con- 


SCHOOL  LAWS  OP  THE  STATE  OF  UTAH     77 

tributed  by  each  and  all  disbursements  therefrom  shall  be 
submitted  annually  to  the  Governor  of  the  State  and  to  the 
Governor  and  Legislature  biennially  by  tin-  state  Board. 

Section  6.  Reports.  The  State  Board  for  Vocational  Edu- 
cation shall  make  to  the  Governor  annually  and  to  the  Governor 
and  Legislature  biennially  a  report  of  all  moneys  expended  for 
the  vocational  rehabilitation  of  persons  disabled  in  industry  or 
otherwise,  both  from  State  and  Federal  funds  and  shall  include 
such  biennial  report  in  the  biennial  report  of  the  State  Board 
of  Education. 

Section  7.     This  act  shall  take  effect  June  30,  1921. 
Approved  Februay  23,  1921. 


ATHEISTIC  OR  RELIGIOUS  TEACHING 

(Chapter  95,  Laws  of  Utah,  1921.-) 

An  act  prohibiting  the  teaching-  of  sectarian  and  certain  other 
doctrines  in  the  district  schools  of  this  state  and  requir- 
ing- that  they  be  kept  free  from  sectarian  control  and  also 
providing-  that  instruction  along  certain  moral  lines  shall 
be  given  and  providing  a  penalty  for  the  violation  of  the 
provisions  of  this  act. 
Be  it  enacted  by  the  legislature  of  the  State  of  Utah : 

Section  1.  Atheistic  or  religious  teaching  unlawful.  It 
shall  be  unlawful  to  teach  in  any  of  the  district  schools  of 
this  State,  while  in  session,  any  atheistic,  infidel,  sectarian, 
religious,  or  denominational  doctrine  and  all  such  schools  shall 
be  free  from  sectarian  control. 

Section  2.  Moral  instruc  tion  to  be  given.  Nothing  in  this 
act  shall  be  deemed  to  prohibit  the  giving  of  any  moral  in- 
struction tending  to  impress  upon  the  minds  of  the  pupils  the 
importance  and  necessity  of  good  manners,  truthfulness,  tem- 
perance, purity,  patriotism,  and  industry  but  such  instruction 
shall  be  given  in  connection  with  the  regular  school  work. 

Section  3.  Penalty.  Any  person  who  shall  violate  any  of 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor. 

Approved  March  5,  1921. 


PLANS  FOR  SCHOOL  BUILDINGS 

(Chapter  94,  Laws  of  Utah,  1921.) 

An  act  relating  to  the  filing  of  plans  and  specifications 
for  school  buildings  with  the  State  Superintendent  of 
Public  Instruction,  and  repealing  Section  4527,  Compiled 
Laws  of  Utah,   1917. 


78  SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Utah : 

Section  1.  Plans  to  be  approved.  No  school  building  or 
addition  thereto  shall  hereafter  be  contracted  for  or  erected  in 
any  school  district  in  this  state,  not  included  in  cities  of  the 
first  and  second  class,  the  cost  of  which  exceeds  $5,000.00,  un- 
til the  plans  and  specifications  for  the  same  shall  have  been 
submitted  in  duplicate  to  the  State  Superintendent  of  Public 
Instruction  and  his  approval  endorsed  thereon.  One  copy  of 
each  such  approved  plans  and  specifications  shall  remain  on 
file  in  the  office  of  the  State  Superintendent  of  Public  Instruc- 
tion. 

Section  2.  Code  of  standards.  The  State  Superintendent 
of  Public  Instruction  shall  formulate  a  code  to  govern  the  pre- 
paration of  all  plans  and  specifications  for  school  buildings. 
Said  code  shall  include  standards  for  construction,  heating, 
ventilation,  sanitation,  lighting,  safety  from  fire;  panic  and 
other  dangers,  and  for  promoting  the  safety  and  health  of  the 
occupants. 

Section  3.  Architect  or  expert  may  be  employed.  The 
State  Superintendent  of  Public  Instruction  is  hereby  charged 
with  the  enforcement  of  the  provisions  of  this  act,  and  when- 
ever it  is  necessary,  he  may  employ  an  architect  or  other 
expert  to  examine  the  plans  and  specifications  of  any  school 
building  or  addition  thereto,  submitted  as  provided  above, 
or  to  inspect  any  school  building  in  course  of  erection.  If 
such  examination  or  inspection  reveals  non-conformity  with 
said  code,  the  State  Superintendent,  of  Public  Instruction 
shall  notify  the  Board  of  Education  erecting  said  building 
and  make  recommendations;  and  it  shall  be  the  duty  of  said 
Board  of  Education  to  comply  therewith. 

The  compensation  and  expenses  of  said  architect  or  ex- 
pert for  the  actual  time  so  employed  shall  be  paid  out  of  the 
state  school  fund  upon  approval  of  the  State  Superintend- 
ent of  Public  Instruction  and  the  State  Board  of  Examiners. 

Section  4.  Licensed  achitect  to  make  plans.  No  plans 
or  specifications  of  school  buildings  shall  be  approved  un- 
less prepared  bv  a  dulv  licensed  architect. 

Section  5.  '  Section  4527,  Chapter  3,  Title  90,  of  the  Com- 
piled Laws  of  Utah,  1917,  is  hereby  repealed. 

Approved  March  10,  1921. 


EXTRACTS  FROM  THE  STATE  CONSTITUTION. 

ARTICLE  X 

EDUCATION 

Section  1.     Free  non-sectarian  schools.     The  Legislature 
shall   provide   for  the    establishment    and   maintenance    of   a 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH     79 

uniform  system  of  public  schools,  which  shall  be  open  to  all 
children  of  the  state  and  be  free  from  sectarian  control. 

Sec.  2.  Public  school  system,  maintenance.  The  public  school 
system  shall  include  kindergarten  schools;  common  schools, 
consisting  tit'  primary  and  grammar  grades;  high  schools,  an 
agricultural  eollege;  a  university;  and  such  other  schools  .is  the 

Legislature  may  establish.  The  common  schools  shall  be 
free.  The  other  departments  of  the  system  shall  be  supported 
as   provided    by    law. 

Sec.  3.  State  school  fund,  interest  distributed.  The  pro- 
ceeds of  all  lands  that  have  been  or  may  be  granted  by  tne 

United  States  to  this  State,  for  the  support  of  the  common 
school.-;:  the  proceeds  of  all  property  that  may  accrue  t<>  the 
State  by  escheat  or  forfeiture;  all  unclaimed  shares  and  div- 
idends of  any  corporation  incorporated  under  the  laws  of 
this  State;  the  proceeds  of  the  sale  of  timber,  mineral  or 
other  property  from  school  and  State  lands,  other  than  thi 
granted  for  specific  purposes ;  and  five  percentum  of  the 
net  proceeds  of  the  sale  of  public  lands  tying  within  the 
State,  which  shall  be  sold  by  the  United  States,  subsequenl 
the  admission  of  this  State  into  the  Union,  shad  he  ami  re- 
main a  perpetual  fund,  to  be  called  the  State  School  fund, 
the  interest  of  which  only,  together  with  such  other  means  as 
the  Legislature  may  provide,  shall  be  distributed  among  the 
several  school  districts  according  to  the  school  population 
residing  therein.  Provided,  that  all  funds  derived  from  any 
State  tax  for  high  schools  shall  be  apportioned  among  the 
several  cities  and  school  districts  according  to  the  attendance 
at  the  high  schools  therein:  but  no  city  or  district  shall  be 
entitled  to  any  part  of  the  fund  derived  from  the  S  a 
for  high  schools  unless  the  high  school  therein  is  maintained 
upon  the  standard  and  for  the  period  during  the  year  that 
may  be  fixed  by  the  State  Board  of  Education. 

Sec.  4.  University  and  agricultural  college  located.  Rights, 
etc.  The  location  and  establishment  by  existing  laws  of  the 
University  of  Utah,  and  the  Agricultural  College  are  hereby 
confirmed,  and  all  the  rights,  immunities,  franchises  and  en- 
dowments heretofore  granted  or  conferred,  are  hereby  per- 
petuated unto  said  University  and  Agricultural  College  re- 
spectively. 

Sec.  5.  Proceeds  of  land  grants  to  constitute  permanent 
funds.  The  proceeds  of  the  sale  of  lands  reserved  by  an  Act 
of  Congress,  approved  February  21st.  1855,  for  the  estab- 
lishment of  the  University  of  Utah,  and  of  all  the  lands  grant- 
ed by  an  Act  of  Congress,  approved  July  16th,  1894.  shall  con- 
stitute permanent  funds,  to  be  safely  invested  ami  held  by 
the  State;  and  the  income  thereof  shall  be  used  exclusively  for 
the  support  and  maintenance  of  the  different  institutions  and 


80     SCHOOL  LAWS  OF  THE  STATE  OF  UTAH 

colleges,  respectively,  in  accordance  with  the  requirements  and 
conditions  of  said  Acts  of  Congress. 

Section  6.  Separate  control  of  city  schools.  In  cities 
of  the  first  and  second  class,  the  public  school  system  shall 
be  controlled  by  the  Board  of  Education  of  such  cities,  sepa- 
rate and  apart  from  the  counties  in  which  said  cities  are 
located. 

Sec  7.  School  funds  guaranteed  by  state.  All  public 
School  Funds  shall  be  guaranteed  by  the  State  against  loss 
or  diversion. 

Sec.  8.  State  board  of  education.  The  general  control 
and  supervision  of  the  Public  School  System  shall  be  vested 
in  a  State  Board  of  Education,  consisting  of  the  Superintend- 
ent of  Public  Instruction,  and  such  other  persons  as  the  Legis- 
lature may  provide. 

Sec.  ;9.  Text  Books.  Neither  the  Legislature  nor  the 
State  Board  of  Education  shall  have  power  to  prescribe  text 
books  to  be  used  in  the  common  schools. 

Sec.  10.  Institutions  for  deaf,  dumb  and  blind.  Property. 
Fund.  Institutions  for  the  deaf  and  dumb  and  for  the  blind,  are 
hereby  established.  All  property  belonging  to  the  School  for 
the  Deaf  and  Dumb,  heretofore  connected  with  the  University 
of  Utah,  shall  be  transferred  to  said  institution  for  the  deaf 
and  dumb.  All  the  proceeds  of  the  lands  granted  by  the  Unit- 
ed States,  for  the  support  of  a  Deaf  and  Dumb  Asylum,  and 
for  an  Institution  for  the  Blind,  shall  be  a  perpetual  fund 
for  the  maintenance  of  said  Institutions.  It  shall  be  a  trust 
fund,  the  principal  of  which  shall  remain  inviolate,  guaranteed 
by  the  State  against  loss  by  diversion. 

Sec.  11.  Metric  System.  The  Metric  System  shall  be 
taught  in  the  public  schools  of  the  State. 

Sec.  12.  No  religious  or  partisan  tests  in  schools.  Nei- 
ther religious  nor  partisan  test  or  qualification  shall  be  re- 
quired of  any  person,  as  a  condition  of  admission,  as  teacher 
or  student,  into  any  public  educational  institution  of  the  State. 

Sec.  13.  Public  aid  to  church  schools  forbidden.  Neither 
the  Legislature  nor  any  county,  city,  town,  school  district,  or 
other  public  corporation,  shall  make  any  appropriation  to  aid 
in  the  support  of  any  school,  seminary,  academy,  college,  uni- 
versity or  other  institution,  controlled  in  whole,  or  in  part, 
by  any  church,  sect  or  denomination  whatever. 

ARTICLE    XIII. 

Sec.  7.  Tax  rate  for  state  and  school  purposes.  The  rate 
of  taxation  on  property  for  State  purposes  shall  never  exceed 
8  mills  on  each  dollar  of  valuation  to  be  apportioned  as  fol- 


SCHOOL  LAWS  OF  THE  STATE  OF  UTAH    81 

lows:  Not  to  exceed  4!/2  mills  on  each  dollar  of  valuation  for 
general  State  purposes;  not  to  exceed  3  mills  on  each  dollar 
of  valuation  for  district  school  purposes;  not  to  exceed  Y2  mill 
on  each  dollar  of  valuation  for  high  school  purposes;  thai  part 
of  the  State  tax  apportioned  to  high  schobl  purposes  shall 
constitute  a  fund  to  be  called  the  High  School  Fund  and  shall 
be  apportioned  to  the  cities  and  school  districts  maintaining 
high  schools  in  the  manner  the  Legislature  may  provide.  And 
whenever  the  taxable  property  within  the  State  shall  amount 
to  $400,000,000.00,  the  rates  shall  not  exceed  on  each  dollar  of 
valuation  two  and  four-tenths  mills  for  general  State  purposes, 
two-tenths  of  one  mill  for  high  school  purposes,  and  such  levy 
for  district  school  purposes  as  will  raise  annually  an  amount 
which,  added  to  any  other  State  funds  available  for  district 
school  purposes,  equals  $25.00  for  each  person  of  school  a  pro 
in  the  State  shown  by  the  last  preceding  school  census;  un- 
less a  proposition  to  increase  such  rate  or  rates,  specifying 
the  rate  or  rates  proposed  and  the  time  during  which  the  same 
shall  be  levied,  bo  first  submitted  to  a  vote  of  such  of  the  quali- 
fied electors  of  the  State  as,  in  the  year  next  preceding  such 
election,  shall  have  paid  a  property  tax  assessed  to  them  with- 
in the  State,  and  the  majority  of  those  voting  thereon  shall 
vote  in  favor  thereof,  in  such  manner  as  may  be  provided  by 
law. 

ARTICLE  XIV 


Sec.  4.  Limit  of  indebtedness  of  counties,  cities,  etc.  When 
authorized  to  create  indebtedness  as  provided  in  Section  3  of 
this  Article,  no  county  shall  become  indebted  to  an  amount,  in- 
cluding existing  indebtedness  exceeding  two  percentum.  No 
city,  town,  school  district  or  other  municipal  corporation,  shall 
become  indebted  to  an  amount,  including  existing  indebted- 
ness, exceeding  four  percentum  of  the  value  of  the  taxable 
property  therein,  the  value  to  be  ascertained  by  the  last  as- 
sessment for  State  and  county  purposes,  previous  to  the  incur- 
ring of  such  indebtedness.;  excepl  thai  in  incorporated  cities 
the  assessment  shall  be  taken  from  the  last  assessment  for  city 
purposes;  provided,  that  no  part  of  the  indebtedness  allowed 
in  this  Section  shall  be  incurred  for  other  than  strictly  county. 
city,  town  or  school  district  purposes;  provided  further,  that 
any  city  of  the  first  and  second  class  when  authorized  as 
provided  in  Section  3  of  this  Article,  may  bo  allowed  to  in- 
cur a  larger  indebtedness,  not  to  exceed  four  percentum  and 
any  city  of  the  third  class,  or  town,  not  to  exceed  eicrht  per- 
centum additional,  for  supplying  such  city  or  town  with  water, 
artificial  lights  or  sewers,  when  the  works  for  supplying  such 
water,  light  and  sewers,  shall  be  owned  and  controlled  by 
the  municipality. 


INDEX 


(Numbers  refer  to  sections,  exceiii  when   preceded   by 
to  pages.) 


])"    when    they    refer 


AMERICANIZATION    p.  72 

4535 


BIRD  DAY 
how  observed. 


BOARD  OF   EDUCATION 
in  county  district  of  first  class, 
see  "districts,  county,  of  first 
class"  hereunder. 
in  cities  of  first  and  second 
class,  see  "city"  hereunder. 

BONDS 

see  "elections"'  hereunder. 

power  to  create  debt.  .Con.  art. 

14,  sec.  4 

county   district,  elec.   on 

issue 4627-4631 

Bond    limit 4631 

denomination,    interest,    time  4632 

form    4633 

County  clerk  to  certify 4633 

sale  to  highest  bidder 4634 

cancelled,    how 4635 

tax  levy  for  interest 4636 

lien  on  taxable  property....   4638 

city  district,  board  calls  elect.  4708 

notice,  ballots,  etc 4709,  4710 

qualification  of  voters.  ......   4711 

canvass,  certification,  issue.  .   4712 

limit,  three  per  cent 4712 

intertst   and   tax..........   4713 

denomination 4713 

heretofore  authorized,  inter- 
est     4713 

printing,    certification- 4711 

sale,  use  of  proceeds 471" 

redemption,    cancellation.  . . .  .4716 
refunding  for  lower  rate....  4716 

sinking  fund,  interest 

....4704,   4712,   4717,  4718 

lien  on  taxable  property....   4719 

BUILDINGS 
contract  to  erect: 

county  districts  of  first  class  4639 
city    schools 4720 

CENSUS 
by  board  of  education. ..  .4610,  4674 

CERTIFICATES  AND  DIPLOMAS 
state  board  empowered  to  issue  4506 

classification    4508 

holder  not  examined,  when.  .    4509 
revocation 4512 


CERTIFICATES     AND     DIPLOMA) 
issued  by  university,  force..   4509 

City,   qualifications 4689-4691 

county  district  of  first  class, 

examination 4620 

CHILDREN 

compulsory  attend..  .  17  in,  4712,  p.  70 
incorrigible  sent  to  industrial 

school 4743 

habitual   truant,   parental 

school    ....4641,   4722 

neglected,  parental  school 4643 

CITY 

each  city  a  district 4661 

open  to  children  of  school  age  4661 
separate   from   other  schools..   4660 

school  year 4672 

claims  &  accounts  to  be  verified  4680 
bonds,  sites,  buildings,  etc.  .4780-4719 
see  "bonds"  hereunder. 

erecting    buildings... 4720 

BpeciaJ  tax,  election.  .4706,  47"7 
board  of  education  to  control. . 

Con.  art  10,  sec.  6;   4660,  4661 

a   body  corporate 4680 

members,  number,   residence  4662 

qualifications    4667 

vacancies 4667 

organization    4668 

oath  of  office 4668 

may    administer   oaths....   4680 

compensation 4673 

election 4663,  4664 

term  begins,  when 4665 

additional  compensation 

penalty   4673 

elections,  when  held 4663.  47564 

how    conducted 4666 

to  fill  vacancy 4667 

officers,  election 4668 

removal     4669 

ipointive 4670 

president,  duties 4676 

clerk,    bond 4677 

duties,  compensation 4678 

member  teachers'  retirement 

ition    commission  .  .  .   4751 

may  administer  oaths 4680 

treasurer,  duties,  compensation   }>',7'.' 
is  tr<  asurer  of  teachers'  re- 

tir  >ment  commission ■ 

board,    powers,    generally.  .4680-4683 
sue  and  be  sued 4680 


INDEX 


CITY— CONCLUDED 

board,  by-laws  and  rules 4681 

furnish  students  books 4681 

appoint    examiners 4684 

teachers  certificates 4689-4694 

training    school 4681 

parental  school .4721-4730 

attendance    officer 4729 

teachers'  retirement  association, 
authorize    organization 4750 

board   of   examiners 4684-4688 

see  "certificates"  hereunder 

superintendent,  election,  oath, 

term 4671 

chairman    of   examiners .....   4685 
members  teachers'  retirement 
association    commission.  .   4751 

to  attend  convention 4524 

convention   expenses 4524 

annexation  of  entire  district, 

property    rights 4745 

of  part  of  district 4746 

text  books,  selection,  etc.  .4695-4700 

taxes,    levy,    collection,    limit..   4704 

school  property,  exempt 4701- 

delinquent  paid  to  board 4705 

election  for  special 4706 

for  interest,  redemption 4717 

for  sinking  fund 4717 

CIVIC  CENTERS 

every  public  schoolhouse  is    .  .   4551 

purposes 4551 

use    free,    exception 4552 

management,    rules,   supervisor  4553 
use  of  schoolhouse  subject  to 

discretion  of  directors....   4554 

CLERK 

of  city  board 4668,  4677 

duties    .4678 

of  district  of  first  class,  ap- 
pointment    4604 

duties    4614 

COMPULSORY    ATTENDANCE 

what  children  to  attend,  how  long 
4740,    p.    70 

failure  to  send  children,  penalty  4741 
inquiry  into,  by  board 4742 

habitual  truant 4641,  4722,  4743 

CONSTITUTION 

provisions  on  education,. ..  .p.  78-81 

CONVENTION  OF 
SUPERINTENDENTS 

called  by   state   superintendent  4524 

COUNTY  DISTRICTS  OF 
FIRST  CLASS 

see  "district,  county,  first  class" 


COURSE  OF  STUDY 

committee   to   prescribe 4531 

serve    without   compensation  4532 

furnished  free  of  cost  to  each 
county  or  district 4531 

observation  and  value  of  birds, 
etc    4535 

physiology    and    hygiene 4534 

sanitation  and  prevention  of  dis- 
ease    4535 

DEBT 

see  "indebtedness"  and  "bonds" 
hereunder.    . 

DIPLOMAS 
see  "certificates  and  diplomas" 

DISTRICT,  COUNTY,  FIRST  CLASS 

county  district  other  than  first 
class,  see  "district." 

how  constituted  4597 

county  commisssioners  designate 

name 4597 

subdivide   4597 

schols  therein  free 4598 

under  direction  of  board 4598 

election,  how  conducted 4602 

school  year 4608 

reports  of  president,  etc 4608 

property  of,  vested  in  board  of 

education   4619 

exempt  from  tax,  etc 4622 

teachers,  examinations  for. . .  .   4620 

receive  share  of  taxes 4623 

board  of  education 4597 

members,  election 4600 

oath,  bonds 4600,  4604 

qualify,   when 4601 

take  seats,  when 4601 

qualifications •  •  •  •   4603 

compensation,  how 

fixed    4609 

vacancies,  how  filled 4603 

organize,    how 4604 

president,    election 4604 

duties 4612 

clerk,  election,  qualifications, 

term .4604 

bond    4613 

duties 4614 

treasurer,  election,  qualifica- 
tions,   term 4604 

oath,    bond 4615 

duties 4615 

members,   may   administer 

oaths 4616 

officer  of,  removed,  how....   4605 
may   appoint   other  officers.  .4606 
elect  superintendent  of 
schools 4607 


INDEX 


DISTRICT,  COUNTY,   FIRST  CLASS 
— Concluded 

term   and   duties 4607 

teacher's    examinations 4620 

powers    generally 4617 

a  body  corporate. 4616 

sale  of  property,  restrictions 

on    4618 

receive  property  from  former 

trustees 4619 

levy  taxes 4624 

election  on  special  tax  levy, 

call 4626 

district    bonds,    call 4627 

seil  bonds  to  highest  bidder  4634 
advertise  for  bids  to  build 

houses 4639 

members  not  be   interested 

in  contracts  let 4639 

establish  parental  schools. ..  .4640 
appoint  and  pay  off  truant  of- 
ficers      4648 

ELECTIONS 

of  state  superintendent 4517 

none    when 4649 

of  board,  county  district  of  first 
class  4600,  4601 

of  board  of  education,  cities4663-4667 

cities  of  second  class 4664 

conduct  of  elections 4666 

on  tax  rate,  for  sites,  buildings, 

etc 4626,  4706 

bond,  in  cities    4627,  4708 

see  'bonds"  hereunder. 

to  create  indebtedness 4590 

qualifications  of  voters.  . . .       4591 

in  cities 4592 

in   other   districts 4593 

ballots    4594 

canvass 4596 

EXAMINATION   OF  TEACHERS 
see  "certificates  and  diplomas'' 

FLAG 

American,  to  be  displayed 4744 

FUNDS 
perpetual,    what   constitutes 

Con.  art.  10,  sees.,  3,  5;  p.  79 

guaranteed  by  state.. Con.  art.  10, 

sec.  7 
apportionment  to  districts. 4 51 8,  4565 

high    school .4575.    4580 

state  and  county,  used  for  pay- 
ment of  teachers 4565 

t  t     -  oborc'  retirement 

commission    4756 

county  auditor  apportions, 

when ....   4649 

see  "bonds"  hereunder. 


HEALTH 

health  education p.  72 

teacher  to  examine  sight,  hear- 
ing, etc.,  of  pupils 4546 

state  board  health  to  prescribe 

rules    4547 

teste    when   made 1548 

duty  of  boards  to  enforce 15  i'.» 

may  employ   physician 4550 

HIGH   SCHOOL 
free   when .  .  .  .Con.  art.  10,  sees.  2,  3; 

p.  79 

tax    for 4575-4582 

in  districts  of  the  first  class..   4617 

in  cities    4681 

standard   to   be   fixed 4677 

inspection 4581 

apportionment  of  fund 4580 

INCORRIGIBLE   CHILDREN 

sent  to  industrial  school 4743 

parental  school.  .4641,  4721-4730 

INDEBTEDNESS 

not  in  excess  of  revenue, 

allowed 4590 

additional    4590,  4591 

election  for 4592,  4593 

ballots     4594 

who  may  vote 4595 

canvass,    result 4596 

when  territory  annexed  to  city, 
adjustment 4745-4747 

power  to  create.. Con  .art.  14;  p.  81 

see  "bonds"  hereunder. 

KINDERGARTEN   SCHOOLS 

board   may  establish 4544 

cost  of,  taken  from  district 

fund   4545 

in  cities 4545,  4681 

in  county  district  of  first 

class    4617 

NEGLECTED  CHILDREN 
committed  to  parental  school..   4643 

PARENTAL  SCHOOLS 
board  of  education  may 

establish  4721 

truant  to  be  committed.  . 4722 

release    from 4723 

expense,  how  paid 4727 

pupils  outside  of  city 472s 

truant  officer,  compensa- 
tion   ...... ......4648,  4729 

in  county  districts  of  first  class  4640 

truants   sent  to 4641 

parents    pay   cost 4646 

released    from 4642 

neglected    children 4643 

how   discharged    from.......  4644 

other   children 4647 


INDEX 


PART-TIME    SCHOOLS p.    68 

PROPERTY 

see  "taxes"   "buildings,"   "bonds." 

REGISTRATION  LIST 

county  clerk  to  furnish  districts 
of  first   class 4650 

RELIGIOUS  DOCTRINES 
free  from  sectarian  control.  . .  . 

Con.  art.  10,  sec.  1;    p.  78 

atheistic  or  religious  teaching.. p.  77 

REPORTS 

to   state   superintendent   4608,    4611, 

■  . 4672,   4675 

to  board  of  education 

..4608,  4614,  4615,  4632,  4678,  4679 

RETIREMENT  ASSOCIATION 

see   "teachers"   hereunder.. 

REVENUE 

see    "bonds,"    "indebtedness," 
"funds,"     "taxes"    hereunder. 

SANITATION 

see   "health." 

school  year 4608,   4672 

SCHOOLHOUSES 

election  to  provide 

4655-4626,  4631,  4706.  4707 

as  civic  centers 4551-4554 

erection   county   districts p.   78 

plans  to  state  supt p.  78 

advertise  for  bids .4639,  4720 

SINKING    FUNDS 

account  of  and  investment  4637,  4718 
tax  to  provide 4636,  1717 

STATE    BOARD    OF    EDUCATION 

membership,    term. 4505 

to  control  public  school  system 

Con.  art  10,  sec.  8;  4505.  . 

to  establish  libraries  and  gymna- 
sium  .4505 

secretary    4514 

to  grant  diplomas  and  certificates 

4506-4511 

revoke  diplomas,  etc 4512 

see  "diplomas"  and  "certificates" 
hereunder. 

compensation,   expenses 4513 

state  superintendent  is  chairman.4514 
to  recommend   supervisors,  etc  4514 

majority  vote  controls 4515 

meetings 4516.  p.  68 


provide  examination  questions.   4510 
assistants  for,  compensation..    4511 

seal 4519 

to  administer  federal  vocational 

education  fund  of  Utah p.  68 

high  school  fund,  duties  respect- 
ing       4575-4582 

fix   standard. .   4577 

to  be  notified  as  to  intention 

to  participate 4576 

to  receive  reports  of  attend- 
ance    4578 

state  auditor  report  to 4579 

apportion  fund,  when  and 

how 4580 

direct  expenditure  district  library 
fund 4525 

STATE   SUPERINTENDENT  OF 
PUBLIC  INSTRUCTION 

election  of,  term,  qualifications  4517 

oath,    bond 4517 

may  appoint  a  deputy,  compen- 
sation      4517 

to  supervise  public  school 

system 4518 

to  apportion  school  fund.. 4518,  4564 

not  until  reports  made 4518 

to  prepare  and  furnish  forms.  .  4519 

to  visit  each  county  once  a  year  4519 

may    examine   school    accounts  4519 

to  advise  with  school  officers.  .  4520 

opinions  on   schools   matters..  4520 

.to  be  printed 4519 

decision  final,  until 4520 

biennial   report  printed   with 

law    4521,  4522 

information  to  national  commis- 
sioner   4522 

to  file  account  of  expenses.  ....  4523 
to  deliver  books,  etc.,  to 

successor 4523 

call   convention   of  superintend- 
ents   4524 

member  board  of  education.  . .  .  4505 

text    book    commission 4555 

committee   on   course   of 

study 4531 

board  to  settle  right  on 
annexation  of  territory  to 

city     4746 

call  text  book  commission ....  4556 
contract  with  publishers  of 

books 4560 

not  to  act  as  agent  for  publisher  4561 

STUDY,   COURSE    OF 

committee  to  prescribe 4531 

see  course  of  study. 


INDEX 


SUPERINTENDENT  OF  CITY 
SCHOOLS 

see  "city"  hereunder 

SUPERINTENDENT  OF  COUNTY 
SCHOOLS  OF   FIRST  CLASS 

oath,  term _ 4607 

member  of  board  to  settle  be-      z"    z 

tween  districts 474R 

attend    conventions 4607 

SUPERINTENDENT,     STATE 

see  "state  superintendent"  here- 
under. 

TAXES 

see  "funds"  and  "elections" 
hereunder. 

for  judgment  for  taxes  illegally 
collected     4586 

districts  of  first  class 4624-4626 

levy,  rate,  collection 4624 

paid  over  to  board 4625 

for  interest  and  redemption 

of  bonds 4636,  4717 

special  for  buildings,  how 
levied 4626 

school  property  exempt 

from    4622,    4701 

state  levy .4575,  p.  75 

special ...  .4626,  4627,  4706,  4707 

TEACHERS 

see  "certificates"  hereunder. 


test  pupils'  hearing,  sight,  etc. 
retirement  associations: 
applicable  to  first  and  second 

class  cities 

beneficiaries  two  classes.. 
how  retired  and  nension.. 
deduction  for  delinquent 

dues 

clerk    

commission,    creation    

members  and  term 

election,    how 

qualification,  vacancies... 
organization  and  officers., 
without    compensation.  . .  . 

meetings,  records 

report    

rules  and  by-laws 

fund,   two  classes 

how  managed  and  dis- 
bursed  

current,  how  constituted., 
permanent,  how  constituted 

transfers 

refund  to  estate,  when.  . .  . 

insufficient,  pro  rata 

income    

membership     , 


4546 


4750 
4750 
4760 

4761 
.4754 
4750 
4751 
4752 
4753 
4754 
475} 
4755 
4755 
4765 
4756 

4756 
4759 
4750 
4  7"0 
4762 
4763 
4758 
4755 


TEACHERS— Concluded 

assessments 4758 

transfer    or    continuance..  4761 
refund  of  dues  paid  to 

estate,    when 4762 

refund,  who  entitled 4762 

retirement,  when  and  how. .  4760 
state  teachers,  retirement  com- 
mission,  winding   up 4767 

teacher,  defined 4765 

treasurer    4754 

TEXT  BOOKS 

commission    created 4555 

members    4555 

expenses,   how  paid 4555 

select  text  books  for  district 

and   high    schools 4555 

except    cities 4555 

meetings,  when  held.  .......    4556 

notice,  how  ^iven 455b 

state  purpose 4556 

sealed  proposals  and  contract  4556 

proposals  publicly  read 4557 

samples    and    prices 4558 

when  proposal  unsatisfac- 
tory       4559 

publisher's  contract 4560 

officer  or  teacher  not  to  act  as 

agent . .     456I 

text  book  commission  not  to  receive 

bonus 4562 

use  of  to  be  enforced,  penalty. .   4563 
in   cities,   selection  by  board..   4695 

notice    to    publishers 4696 

opening    bids 4697 

samples  and  prices. 4698 

unsatisfactory    proposal 4699 

nnblishers'  contracts 4700 

•     board    may    furnish    free....   4681 

TREASURER 

of  county  school  district  of  first 
class,    duties,    salary 4615 

state  to  receive  and  pay  over 

funds     .  .   4654 

of  city  board 4679 

TRUANTS 

committed  to  parental  school. 

when    4641.   4722 

parents  pay  cost  of.  .  .4646.  4727 

to  industrial  school 47 in 

released   from  parental   school. 

when .4642.    4723 

officer 4648,  4729 

VACANCIES 
member  board  of 
education    . ...  .4603.    4667 

VOCATIONAL    EDUCATION  ...  .p.    68 


i 


1 


M 


I 


M 


I,\W  IJBRAKS 
UNIVERSITY  OF  CAL1FOKS* 

U'  ,  ,«  ANfiELES 


Munuf  ocfur»d  by 
JCAYLORD  BROS.  Inc. 
Syrocu»«,  N.  V. 
Stockton,  Coll*. 


nn 


UU 


